LAWS(MAD)-2009-6-392

SELVI Vs. K ALAGARSAMY

Decided On June 18, 2009
SELVI Appellant
V/S
K. ALAGARSAMY Respondents

JUDGEMENT

(1.) THIS Appeal has been filed by one of the claimant for enhancement as the Appellant aggrieved by the judgment and decree of the Tribunal in awarding only a sum of Rs.1,44,000/- (Rupees One Lakh and Forty Four Thousand only) to be paid by the owner. Further grievance of the Appellant is that the award should have been made against the Insurance Company also.

(2.) THE deceased was travelling as a load-man in the First Respondent's vehicle (Lorry) bearing Registration No.TN-59-B-2601 which was proceeding towards Madurai from Kamudakkudi. THE driver of the Lorry drove the vehicle in rash and negligent manner and with high speed and due to which the driver lost his control and the vehicle got capsized and the deceased died on the spot.

(3.) ACCORDING to the learned Counsel for the Appellant, the award amount is very low as per available evidence on record. He further submitted that no amount was awarded on the heads of "Loss of Consortium", "Loss of Love and Affection", "Funeral Expenses" and "Transport Charges" and hence, he prayed for enhancement of award amount.