SALINI Vs. MEIYARASU

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation of Rs.6,59,000/- for the death of Aravind in a road traffic accident on 17.7.2005, Claimants have preferred this appeal for enhancement.

(2.) Brief facts are that on 17.7.2005 at about 7.30 A.M., deceased Aravind was riding the motor cycle bearing registration No.TN-37 AC 6498 on Karumatham patti-Kaniyur National Highways 47 road along with his friend Febin Philp. When they were proceeding on the extreme left side of the road, the lorry bearing registration No.TN-28 W 4647 driven by its driver in a rash and negligent manner in the opposite direction and dashed against the motor cycle. Due to the impact, Aravind and his friend Febin Philp sustained grievous injuries and died on the spot. At the time of accident, deceased Aravind was aged 19 years and was studying II Year B.E. Mechanical Engineering at Park College of Engineering and Technology, Coimbatore. Aravind also working as a part time worker in M/s.Udaya Polymers and was earning Rs.10,000/- per month. Regarding the accident, a Criminal Case was registered against the lorry driver in Crime No.360 of 2005 under Sections 279 and 304(A) I.P.C. of Karumatam Patti Police Station. Alleging that the accident was due to rash and negligent driving of the lorry driver, the Claimants who are parents and sister of deceased Aravind have filed the Claim Petition claiming compensation of Rs.60,00,000/-.

(3.) Resisting the Claim Petition, 3rd Respondent-Insurance Company has filed the counter contending that the accident occurred only due to the reckless act of the deceased and that the deceased is guilty of contributory and composite negligence. 3rd Respondent-Insurance Company contended that the quantum of compensation claimed by the Claimants is highly excessive and without any basis. 3rd Respondent-Insurance Company also denied the occupation and income, monthly contribution to the family and age of the deceased and contended that the quantum of compensation of Rs.60,00,000/- claimed by the Claimants is on the higher side.