G.JAYACHANDRAN, J. - (1.) This Appeal is filed by the claimants before the Motor Accident Claims Tribunal, Erode, seeking enhancement of compensation for the death of Thiru.P.Dhansekar.
(2.) The case of the claimants before the Tribunal was that on 07.12.2001 at around 10.00 P.M, when their son Thiru.Dhansekar along with his friends were standing on the Solan Nagar main road near Ramalingam Agency Petrol Bunk, a Eicher Mini Lorry bearing registration No.TN-41-K-4605, came from west to east with high speed rash and negligently hit Thiru.P.Dhansekar, and he was thrown away. He sustained injury on his head and body. When Thiru.P.Dhansekar was taken to the hospital, he was declared died. A case was registered against the driver of the Eicher lorry. At the time of accident, the deceased was working as Computer Software Executive, earning a sum of Rs.7,500/- per month. Therefore, for the loss of their son, who was aged 25 years, at the time of accident, petition claiming a sum of Rs.20,00,000/- as compensation filed. 2. The 3rd respondent/Insurance Company contested the claim petition on the ground that the Eicher Mini Lorry was driven by the driver who had no valid driving license. The accident was not due to rash and negligently driving of the Eicher van driver. The income and age of the deceased and dependants of the claimants are denied. Further, it was contended that after filing the claim petition, the claimants allowed the petition to be dismissed for default on 11.11.2003 and same was restored on condition that the claimants should be present on 28.07.2004 and adduce evidence. Since, the claimants failed to adduce evidence on the day fixed, their application for restoration was dismissed. Later, the claim petition was restored on file by order of the Hon'ble High Court dated 11.06.2007 but the case bundle was missing and got reconstructed only in the year 2008. Therefore, any award passed in favour of the claimants should not carry interest from 12.11.2003 to 23.06.2008.
(3.) The Tribunal, after considering these facts and the evidence let in by the claimant, awarded a sum of Rs.1,83,000/- as compensation with 7.5% interest excluding the period between 11.11.2003 to 09.07.2007 and 21.07.2008 to 06.11.2008. The award amount was apportioned between the father and mother for the claimants at the ratio 30:70.;