LAWS(MAD)-2018-2-296

D VASANTHI Vs. SUNTHARI

Decided On February 26, 2018
D Vasanthi Appellant
V/S
Sunthari Respondents

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation awarded by the Tribunal dated 13.09.2013 made in MCOP.No.4676 of 2011 on the file of the Motor Accident Claims Tribunal/(IV Judge, Court of Small Causes), Chennai, the petitioners/claimants filed this present appeal seeking enhancement of 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 04.04.2011 at about 15.15 hours , while the deceased was proceedings in his two wheeler bearing Registration No.TN-03-5145, in Manali Road from east to west direction near Commercial Tax Check Post, Chennai-19, the Trailor Lorry bearing Registration No.TN-05-T-2493 came in the opposite direction at high speed, driven in a rash and negligent manner by its driver and dashed against the two wheeler in which the deceased was travelling causing fatal injuries to him. The driver of the said Trailor lorry belonging to the first respondent and insured with the second respondent alone is responsible for causing the accident. At the time of the accident, the deceased was aged about 59 years and was working as a Government Contractor in Thiruvottriyur Municipality earning a sum of Rs.10,000/- per month. Hence, the petitioners who are the wife and children of the deceased claiming themselves as dependents of the deceased seek a sum of Rs.50,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.