R HARIHARA MOOTHY Vs. HIMACHAL FUTIRISTIC COMMUNICATION LTD

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed by the appellants/petitioners against the decree and judgment passed by the Chief Small Causes Judge, Motor Accident Claims Tribunal, Chennai in MCOP No. 2739 of 2002 dated 21st February, 2005 awarding a total compensation of Rs. 11,60,642/- with interest at the rate of 9% per annum from the date of the claim petition till date of payment of compensation.

(2.) The appeals ha been filed by the appellants/claimants seeking additional compensation of Rs. 13,39,358/-.

(3.) The short facts of the case are as follows; The petitioners are the legal heirs and legal representatives of the deceased Rajalakshmi, who died in a road accident. On 11th May, 2002, at about 8.30 a.m. The deceased was the pillion rider in a Motor Cycle bearing registration No. TN-09-Y- 9749, with her husband being the rider. While the said motor cycle was proceeding along the Jawaharlal 100 feet road and nearing the Nehru Statue, the driver of the van bearing Registration No. TN-09-T-0848 drove the vehicle in a rash and negligent manner, at a terrific speed, behind the motor cycle and hit behind the motor cycle and caused the accident. The deceased sustained grievous multiple injuries and died. Regarding the accident, a case in Cr.A. No. 319 of 2002 was registered with B1, Punisha Thomayarmalai Police Station and investigated. The first respondent is the owner and the second respondent is the insurer of the van. The deceased was aged about 27 years and was employed as a Assistant Training Consultant in Trans Ed Software Education, Chennai-12, earning Rs. 21,140/- per month. Due to the death of the deceased, the petitioners suffered loss of pecuniary benefits, loss of love and affection, loss of expectation of life and also incurred funeral expenses. In total, the petitioners claimed a total compensation of Rs.25,00,000/- for the death of the deceased.