SHOBANA Vs. M RAMESH

JUDGEMENT

(1.) The appeal has been preferred by the claimants against the award of Rs.10,000/- for the death of one R.Selvakumar, aged about 26 years, who was an auto driver allegedly earning about Rs.6,000/- per month, in the accident which occurred on 16.06.2007, when he was travelling in the auto, which was driven rashly and negligently and got capsized, leading to the said Selvakumar sustaining injuries and thereafter, he succumbed to the said injuries.

(2.) The case of the appellants is that the deceased was travelling in an auto rickshaw along with his friends on 16.06.2007. The said auto, which was driven rashly and negligently, had collided with a van coming in the opposite direction and because of the accident, he sustained injuries all over the body. The accident occurred at 03.30 pm. Since the injuries were superficial, he was taken to his residence and there he succumbed to the injuries at 7.30 pm. Therefore, the claim petition. On contest, the Tribunal found that the victim did not die due to the injuries caused in the accident and that it was due to pericarditis, which has been mentioned as the reason for death in the post mortem certificate. The Tribunal awarded only Rs.5,000/- each towards transport charges and attendant charges, totalling to a sum of Rs.10,000/-. Against the said award only, the claimants are before this Court.

(3.) Heard Mr.T.G.Balachandran, learned counsel appearing for the appellant and Mr.D.Baskaran, learned counsel appearing for the second respondent.