LAWS(MAD)-2019-4-133

PAPATHI Vs. P. VELUMANI

Decided On April 24, 2019
PAPATHI Appellant
V/S
P. Velumani Respondents

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed by the appellant/claimant for enhancement of compensation granted by the Tribunal in the award dated 04.11.2009 made in M.C.O.P.No.54 of 2008 on the file of Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.II, Gobichettipalayam.

(2.) The appellant is claimant in M.C.O.P.No.54 of 2008 on the file of Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.II, Gobichettipalayam. She filed the said claim petition claiming a sum of Rs.7,00,000/- as compensation for the death of her son viz., Thirumoorthy, who died in the accident that took place on 24.12.2005.

(3.) According to the appellant, her son is a motor mechanic and he is an expert in rectifying the spring cut defect. On the date of accident, the lorry belonging to the 2nd respondent while coming with goods, broke down suddenly at Nanjangud. The 2nd respondent engaged the deceased and three others to repair the said lorry. After repairing the same, the deceased and three co-workers travelled in the lorry to come to Sathyamangalam. At that time, the 1st respondent, driver of the lorry drove the lorry in a rash and negligent manner and applied sudden brake near Bama hotel at Hasanur, due to that, the deceased who was sitting in the left hand side of the cabin fell down, sustained fracture injuries and died. The accident occurred only due to rash and negligent driving by the 1st respondent, driver of the lorry belonging to the 2nd respondent insured with the 3rd respondent. All the three respondents are liable to pay compensation. The deceased was aged 33 years at the time of accident and was earning up to Rs.10,000/- per month. The appellant claimed a sum of Rs.7,00,000/- as compensation.