JAYA Vs. S MAHESH

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation awarded by the Tribunal, dated 29.07.2010 made in MCOP.No.3947 of 2007 on the file of the Motor Accident Claims Tribunal/Additional District Judge, Fast Track Court No.I, Chennai, the petitioners/claimants have come forward with this present appeal seeking to enhancement of the award amount.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioners is that on 21.08.2007 at about 5.50 a.m., while the deceased Bakthavachalam was riding his two wheeler along with his daughter Vijaya as pillion rider in G.S.T. Road, on his way from Guindy to Mandaveli, a Mini Lorry bearing Registration No.TN-10-R-0807 came at high speed dashed against the motor cycle driven by the deceased Bakthavachalam from behind causing him fatal injuries as well as causing grievous injuries to the pillion rider. The accident occurred only due to the negligence of the driver of the first respondent vehicle. The deceased Bakthavachalam was aged about 42 years and by working as mason, was earning a sum of Rs.10,000/- per month. The petitioners in MCOP.No.3947 of 2007 (C.M.A.3063 of 2011) are the wife and daughter of the deceased Bakthavachalam and they are dependents on the income earned by the deceased. Thus, the petitioners sought for a sum of Rs.10,00,00/- as compensation from the first and second respondents who are the owner and insurer of the offending vehicle. The mother of the deceased is added as third respondent in the proceedings.