BALAJI ROAD LINES TIRUPUR Vs. DEVASUNDARI

JUDGEMENT

(1.) THE owner of the vehicle and the Insurance Company are the appellants in the civil miscellaneous appeal arising out of MACTOP.No.582 of 1992 on the file of the Motor Accidents Claims Tribunal, Tirupur, filed by respondents 1 to 7 as heirs of one Somasundaram, who died in an accident involving the vehicle belonging to the first appellant insured with the second appellant and driven by the eighth respondent herein.

(2.) ON 18.6.1992 at about 10 p.m. the deceased was travelling in a jeep belonging to the Government of Tamil Nadu bearing registration No.TNR-7862, when the lorry bearing registration No.TAP-5499 belonging to the first appellant driven in a rash and negligent manner by the eighth respondent herein, dashed against the jeep near Odakadu Pirivu, as a result of which the jeep capsized causing the death of two persons including the deceased Somasundaram. The accident was entirely due to the rash and negligent driving of the vehicle by the eight respondent. The deceased was the sole bread-winner of his family consisting of his wife and six unmarried daughters. But for the accident the deceased would have been promoted as Deputy Registrar of Co-operative Societies and he would have retired on 31.7.1995. They were entitled to be paid a sum of Rs.10,00,000 as compensation under various heads.

(3.) IT is contended by the learned counsel for the appellants that the amount arrived was beyond all proportion and that in any event, no amount was payable towards the marriage expenses of his daughters and that the tribunal has not worked out the compensation payable properly.