G. THENMOZHI SUGUNA Vs. D.KUMARESAN

JUDGEMENT

(1.) Aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, (The Special District Judge), Erode, in M.C.O.P.No.244 of 2012, the appellants herein, being the wife and minor daughter of the victim, filed this appeal.

(2.) According to the appellants the husband of the first appellant and father of the second appellant, namely David was 39 years old at the time of accident and he was engaged in the business of Air conditioner sales and services under the name and style of Blue Bell Engineering Service at Chennai as the proprietor thereof and earning a monthly income of Rs.60,000.00 per month. According to them on 11/2/2012, when the deceased was riding a two wheeler bearing registration No.TN 18.Z.6710 at extreme left side of the Pattaravakkam to E.B.Road, a mobile crane vehicle, bearing the registration No.TN.20.AK.9534, which was driven by the 1st respondent owned by the 2nd respondent and insured with the 3rd respondent, hit the vehicle of the deceased from behind. The appellants claimed that the first respondent had driven the vehicle in a rash and negligent manner and hence it resulted in fatal accident.

(3.) Before the Tribunal, the 1st respondent remained ex-parte, the 2nd and 3rd respondent filed their separate counter and opposed the claim petition. The respondents 2 and 3 denied the manner of accident as claimed by the appellants and they also denied the age and income of the deceased.