S. PUNITHA Vs. S. PERIYATHAMBI

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation awarded by the Tribunal, dated 22.04.2009 made in MCOP. No. 347 of 2007 on the file of the Motor Accident Claims Tribunal/Subordinate Judge, Bhavani, the petitioners/claimants has come forward with this present appeal to enhanced 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 02.12.2006, at about 11.00 hours, while the deceased was proceeding in his two wheeler bearing Registration No. TN-36-K-1234, along with his wife, in Edappady to Kannangkadu Road, near Vellarivelli Privu, the Lorry bearing Registration No. TN-33-Z-6773 belonging to the second respondent and insured with the third respondent, came in the opposite direction at high speed dashed against the two wheeler which the deceased was riding, resulting in grievous injuries to the deceased as well as his wife who is the first petitioner herein. Subsequently, the husband of the first petitioner died on 18.12.2006. The accident occurred only due to the rash and negligent driving by the driver of the lorry owned by the second respondent. At the time of the accident, the deceased was aged 45 years and as employ of TNEB, was getting a salary of Rs. 11,431/-. The petitioners who are the wife, children and mother of the deceased were dependents on the earning of the deceased. Hence, the petitioners sought for a sum of Rs. 20,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.