PARKATH Vs. MOHAMMED RAFI
LAWS(MAD)-2019-3-321
HIGH COURT OF MADRAS
Decided on March 11,2019

Parkath Appellant
VERSUS
MOHAMMED RAFI Respondents

JUDGEMENT

N.KIRUBAKARAN - (1.) The appeal has been preferred by the claimants against the award of Rs.8,00,000/- to be paid by the first respondent owner for the death of one Piyare John @ Basha. The first appellant's husband aged about 52 years, salesman in Foot Wear shop was allegedly earning about Rs.7,000/- per month. On 09.07.2012, when he was walking on the road, hit by the Motor Cycle belonging to the first respondent, driven by one Pavithiran and died. Therefore, claim petition was filed and an amount of Rs.8,00,000/- was awarded, taking Rs.7,000/- as monthly income and applying multiplier 11 " as per the age of the deceased 52. Since, the Tribunal held that minor aged about 17 years, who does not having driving licence, Insurance Company was absolved of lability and the first respondent / owner was directed to pay the compensation. Against the award of the Tribunal to direct the first respondent / owner to pay the compensation, the present appeal has been filed by the claimants.
(2.) Heard Mr.N. Sudhagar Nagaraj, learned counsel appearing for the appellants and Mr. K.Sivabalan, learned counsel appearing for first respondent and Mr.A.Elango, learned counsel appearing for second respondent and Mr.G.Prabhu Rajadurai, Amicus Curie, learned counsel appointed by this Court.
(3.) Only grievance of the appellants is that though the amount of Rs.8,00,000/- was awarded in favour of the appellants, pay and recovery should have been ordered whereas the Tribunal directed the owner to pay the compensation stating that there was no liability on the part of the second respondent / Insurance Company as the motor cycle was driven by one Pavithran aged about 17 years.;


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