MYTHILI Vs. S.PERUMAL (DIED)
LAWS(MAD)-2020-11-193
HIGH COURT OF MADRAS
Decided on November 05,2020

MYTHILI Appellant
VERSUS
S.Perumal (Died) Respondents

JUDGEMENT

V.BHARATHIDASAN, J. - (1.) The claimants, not being satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal, I Additional District and Sessions Judge, Vellore in MCOP No.13 of 2015, have filed the present Civil Miscellaneous Appeal before this Court.
(2.) This is a case of fatal accident. The deceased by name Munusamy, was husband of 1 st appellant and father of 2 nd and 3 rd appellants. According to appellants/claimants, on 08.06.2014 at about 07.30 p.m. when the deceased walking along Sembium Kadirvedu Road, on the extreme left side of the road, an autorikshaw bearing Regn. No.TN-03 C-6908 owned by the 1 st respondent driven by its driver, came in a rash and negligent manner and dashed against the deceased, in which the deceased sustained multiple injuries. Immediately, he was taken to Stanley Medical College and Hospital, Chennai, however, on the way, he died. At the time of accident, the deceased was working as a painter and also a carpenter, earned monthly income of Rs.18,000/- per month. He was the sole bread-winner of the family. Due to his death, the entire family was left with no means. In the said circumstances, the appellants have filed a claim petition claiming compensation of Rs.25 lakhs.
(3.) The 1 st respondent/owner of the vehicle died. Hence, his legal heirs are impleaded respondents 2 to 6. The owners of vehicle remained exparte and the Insurance Company contested the claim petition on the ground that the accident has been taken place only due to the negligence of deceased and there is no proof that he was earning Rs.18,000/- per month. Hence, the compensation claimed by the appellants are highly excessive.;


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