A FARHANA BEGUM Vs. KATARIA AUTOMOBILES LTD

JUDGEMENT

(1.) Not being satisfied with the quantum of compensation awarded by the Tribunal dated 22.08.2011 made in MCOP.No.5785 of 2005 on the file of the Motor Accident Claims Tribunal/II Judge, Court of Small Causes, Chennai, the present appeal has been filed by the petitioners/claimants to enhance 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 08.07.2005 at about 18.20 hours, when the deceased was going in his two wheeler bearing Registration No.TN-04-U-6973, in Manali Express Highways road, near 4th Gate of TPL Company, towards Ennore, the lorry belonging to the first respondent, insured with the second respondent bearing Registration No.RJ-09-G-3379 came at high speed in the same direction and dashed against the two wheeler, in which the deceased was travelling resulting in the death of the deceased due to fatal injuries suffered by him. The accident occurred only due to the negligence of the first respondent lorry driver. At the time of the accident, the deceased was aged about 41 years and he was carrying on business as Partner of M/s.M.I. Trading Corporation, earning a sum of Rs.20,000/- per month. Thus, the petitioners who are the wife and children of the deceased claiming themselves as dependents of the deceased are seeking compensation of Rs.20,00,000/- from the respondents who are the owner and insurer of the offending vehicle.