L LATHA Vs. R DURAISAMY

JUDGEMENT

(1.) The appellants herein are the wife and minor child of late D.Sakthi Ganesan who died in an accident on 08.06.2004. The accident occurred near Chettiyapatti Seeniammal Thottam on Dindigul to Madurai District. The deceased was riding a Hero Honda Splendor motor cycle when a lorry belonging to the fourth respondent herein and insured with the fifth respondent hit the said two wheeler. In the resulting accident, Sakthi Ganesan died. In this regard, Crime No.266 of 2004 was registered on the file of Ambaathurai Police Station. The parents of the deceased filed MCOP.No.851 of 2004 on the file of the Motor Accidents Claims Tribunal/Fast Track Court, Dindigul. The appellants herein were shown as fourth and fifth respondents. In fact, they remained exparte.

(2.) The Tribunal held that the accident in question took place on account of the rash and negligent driving of the lorry driver. The said finding has not been questioned by the fourth respondent herein or the insurer. The said finding has therefore become final. The Tribunal awarded a sum of Rs.7,10,000.00 in all. The parents were ordered to be paid Rs.75,000.00 each. The first appellant herein, namely, the wife of the deceased was awarded a sum of Rs.3,60,000.00 while the minor son, the second appellant herein was awarded a sum of Rs.2,00,000.00. The lorry driver, vehicle owner and the insurer were fastened with joint and several liability to pay the said sum with interest at the rate of 7.5% per annum from the date of petition till the date of payment. Contending that the compensation payable to them ought to have been higher, this appeal has been filed.

(3.) Heard the learned counsel on either side.