MALLIKA Vs. RANGASWAMY

JUDGEMENT

(1.) The claimants before The Tribunal are The appellants herein. They had made a claim before The Motor Accident Claims Tribunal (Court of I Additional District Judge), Erode in M.C.O.P.No.88/2003 against The respondents herein for a sum of Rs.20,00,000/- as compensation for The death of Rasappan, The husband of The first appellant and The father of The other appellants in a road accident that allegedly took place on 05.10.2002.

(2.) According to The case of The appellants, while The deceased Rasappan was proceeding in his moped bearing Regn. No.TN-36 Z-1572 on Palladam - Coimbatore main road, he met with an accident at about 12.00 p.m on 05.10.2002 when The lorry bearing Regn. No.TN-38 M-5305 belonging to The second respondent and insured with The third respondent dashed against The above said moped and The same resulted in fatal injuries leading to The instantaneous death of Rasappan. Contending that The first respondent, who was The driver of The offending vehicle, namely The lorry bearing Regn.No.TN-38 M-5305, was at fault and that The deceased was deriving a monthly income of Rs.25,000/- per month from his business as a partner in C.S.Chockalinga Mudaliar Oil Mill and Priyalakshmi Oil Mills and also by operating a lorry bearing Regn.No.TN-33 E-1881 and that The appellants herein/petitioners suffered loss of support from his income besides loss of love and affection due to The sudden death of Rasappan, The appellants/claimants had quantified The damages at Rs.20,00,000/- and prayed for an award directing The respondents 1 to 3 to pay The said amount jointly and severally together with future interest on The said amount claimed as compensation. They had also prayed for award of cost.

(3.) Aggrived by The award of The Tribunal so far as The disallowed portion of The claim is concerned, The appellants have come forward with The civil miscellaneous appeal claiming enhancement of compensation on various grounds set out in The memorandum of appeal.