UNITED INDIA INSURANCE CO LTD Vs. SANMUGA SUNDARAM

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellants/respondents against the Award and Decree, dated 08.07.2005, made in M.C.O.P.No.1567 of 2002, on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court-I, Salem, awarding a compensation of Rs.4,12,500/- together with 7.5% interest per annum, from the date of filing the claim petition till the date of payment of compensation.

(2.) Aggrieved by the said Award and Decree, the appellants/respondents have filed the above appeal praying to scale down the award and decree passed by the Tribunal.

(3.) The short facts of the case are as follows: On 02.02.2001, the deceased Senthil Kumar went along his friends to Kumaragiri and then he returned towards his home with his friends in a TVS Chamber bearing registration No.TN27 J0801. The deceased Senthil Kumar rode the same and the others were accompanying behind him. When at around 04.00 p.m. they came near the Erumapalayam Branch road on the Udayapatti-Seelanaickenpatti Bye pass road, the deceased Senthil Kumar rode the vehicle on the left side of the road very slowly and in a careful manner. At that time, the bus bearing registration No.TDL939, belonging to the second respondent and insured with the first respondent came in the opposite side ie.from Seelanaickenpatti side to Udayarpatti side. The driver of the bus drove the bus with a very high speed and in a rash and negligent manner and also he drove on his extreme right side of the road and dashed against the deceased Senthil Kumar's motorcycle. In the result, he sustained head injury and on the spot itself he died. Regarding the said accident, the Salem City Traffic Investigation Police registered the case against the said bus driver in Crime No.57/2001 under Sections 279, 337 and 304(A) I.P.C. At the time of the accident, the deceased was hale and healthy and was aged about 24 years old. He was running printing press and earning a sum of Rs.12,000/- per month. The first petitioner is the father, second petitioner is the mother and the third petitioner is the younger sister of the deceased. The accident had happened only due to the rash and negligent driving of the driver of the bus. As such, the petitioners claimed a compensation of Rs.10,00,000/- before the Tribunal.