K. GNANASEKARAN Vs. P. MOOVARASAN

JUDGEMENT

(1.) The claimants who are the wife and minor children of one K.Gunasekaran, who were favoured with an award for Rs.21,55,000.00 as compensation for the death of the said K.Gunasekaran in a motor accident that occurred on 17/2/2009, are the appellants.

(2.) According to the claimants, when the deceased K.Gunasekaran was travelling as a pillion rider in a Hero Honda motorcycle, bearing Registration No.TN.22/AC 8136, on Tambaram to Maduravayal road on the fateful day, a Tanker Lorry bearing Registration No.TN-04/D-6440, owned by the 1 st respondent and insured with the 2 nd respondent Insurance Company, came in the opposite direction and dashed against the two-wheeler. Claiming that the lorry was driven by its driver in a rash and negligent manner, resulting in the accident, the claimants sought for compensation of Rs.35,00,000.00.

(3.) Originally the Claim Petition was filed by the said Gunasekaran, as injured claimant. Subsequently he died and his legal representatives, namely the wife and the two minor children, were impleaded as claimants 2 to 4. Since the appeal is filed by the claimants, we are not going into the question of negligence as the Insurance Company has accepted the award.