ANBUKARASI MANOHARAN Vs. R ARUL PRAKASH

JUDGEMENT

(1.) The claimants who were favoured with an award for a sum of Rs. 28,64,024/- for the death of one Manoharan who died in a motor accident that occurred on 16.08.2011 at about 21.05 hours are the appellants. They seek enhancement of compensation.

(2.) According to the claimants, the accident occurred due to the rash and negligent driving of the rider of the Bajaj Pulsar motorbike bearing registration No.TN-33-AP-9238. The claimants would contend that when the said Manoharan along with his wife and daughter was crossing the road after taking all precautions, the rider of the motor cycle drove the vehicle in a rash and negligent manner at a high speed and dashed against the said Manoharan and his daughter. Due to the grievous injuries sustained, the said Manoharan died on the same day at about 23.30 hours. The claimants would further contend that the said Manoharan was employed in Southern Railways and was earing about Rs. 43,000/- per month. Contending that the sudden death of Manoharan had left the family in shatters, the claimants would seek a compensation of Rs. 40,00,000/-.

(3.) The claim was resisted by the 1st respondent contending that there was no negligence on his part. According to him, it was the deceased who suddenly crossed the road in a prohibited area which resulted in the accident.