R MOORTHI Vs. K PRABUKUMAR

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation of Rs.3,53,260.00 awarded by the Tribunal in M.C.O.P.No.689 of 2008, dated 27.4.2009, the appellants have filed the Civil Miscellaneous Appeal seeking enhancement.

(2.) The appellants are claimants, who are parents before the Tribunal and have claimed compensation of Rs.8,00,000.00 for the death of deceased Vijayakumar in the road traffic accident occurred on 4.11.2007.

(3.) The case of the appellants is that on 04.11.2007 at about 3.30 P.M., the deceased was riding his motorcycle bearing registration No.TN-33 AF 1741 from Getticheniyur to Gobi in a normal speed and when he was nearing Veeramathiyur Kovil, the first respondent drove the bus bearing registration No.TN-36 J 7878 owned by the second respondent and insured with the third respondent in a rash and negligent manner and without blowing horn by overtaking a lorry and by crossing the centre line hit against the deceased. Due to the impact, the deceased sustained grievous injuries and immediately, the deceased was taken to Government Hospital, Gobi where from the deceased was shifted to Erode Government Hospital. Thereafter, for better treatment, the deceased was shifted to Erode Trust Hospital and succumbed to injuries on 07.11.2007. Regarding the accident, a criminal case was registered in Crime No.243 of 2007 by Kunnathur Police Station. At the time of accident, the deceased was aged 25 years and was earning Rs.10,000.00 per month by doing centering civil contract work and also real estate business. Stating that the accident occurred due to rash and negligent driving of the first respondent, the parents of the deceased have filed the claim petition claiming compensation of Rs.8,00,000.00.