NEW INDIA ASSURANCE CO LTD. Vs. MUTHU KARUPPAN

JUDGEMENT

(1.) THOUGH the Civil Miscellaneous Petition is listed for hearing, by consent, the main appeal itself has been taken up for final hearing. The appeal has been preferred against the award of Rs.5,88,000/- as against the claim of Rs.18,00,000/-.

(2.) IT is a case of fatal accident. The first respondent is the father and the second respondent is the mother of the deceased. The case of the respondents 1 and 2/claimants is that their son Chandramohan, who was working as a Homeopathy Doctor, was riding his motorcycle bearing Registration No.TN -57 -E -6404 from Salem to Sangakiri main road on 09.10.2004 and a bus belonging to the third respondent herein came from the opposite direction in a rash and negligent manner and without any control, hit the motor cycle of the said Chandaramohan, and thereby, he was thrown away to the opposite side of the road and he sustained head injury and died on the spot. For the death of their son in the said accident, the respondents 1 and 2/claimants filed M.C.O.P.No.100 of 2005 claiming compensation of a sum of Rs.18,00,000/-.

(3.) THE said claim petition was contested by the appellant. On the side of the claimants, the first respondent/claimant was examined as P.W.1 and the Doctor was examined as P.W.2.