A.R. BALASUBRAMANIAM Vs. R. SENTHILKUMAR
LAWS(MAD)-2014-3-216
HIGH COURT OF MADRAS
Decided on March 10,2014

A.R. Balasubramaniam Appellant
VERSUS
R. Senthilkumar Respondents




JUDGEMENT

- (1.)PARENTS of the deceased Ilango, who died in a road accident he met with on 11.09.2007, have come up with the present Appeal seeking enhancement of Corporation.
(2.)THE case of the Claimants is that, on 11.9.2007, while their son Ilango was returning from college in his Motorcycle, another Motorcycle bearing registration No. TN -39 -L -7855 belonging to the Second Respondent herein and insured with the Third Respondent, driven by the First Respondent herein in a rash and negligent manner, dashed against the motorcycle of the deceased and caused grievous injuries to him and thereby, he was admitted in Ramakrishna Hospital and despite the treatment given, he died of the injuries on 12.9.2007. According to the Claimants, their son was doing part time job and was earning Rs.5000/ - per month and they claimed compensation to the tune of Rs.20,00,000/ -.
(3.)THE Insurance Company contested the case denying the negligence on the part of the First Respondent and contended that the claim is an exaggerated one.
On the basis of the oral and documentary evidence viz., PWs.1 to 4 & 18 documents marked on the side of the Claimants, the Tribunal fixed the liability upon all the three Respondents and awarded a sum of Rs.2,88,000/ - as Compensation with interest at 7.5% per annum.



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