SUBARA BI ALIAS THARAMA BI Vs. BHASHEERIA

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/second petitioner against the Award and Decree, dated 16.10.2006, made in M.C.O.P.No.258 of 2001, on the file of the Motor Accident Claims Tribunal, Sub Court, Pantruti, awarding a compensation of Rs.59,568/- together with interest at the rate of 7.5% per annum from the date of filing the petition till the date of payment of compensation.

(2.) HAVING not been satisfied with the said Award and Decree, the appellant/second petitioner has filed the above appeal praying for additional compensation of Rs.10,00,000/-.

(3.) THE second respondent, the Oriental Insurance Company Limitted, Pondicherry has resisted the claim denying the averments in the claim regarding the manner of the accident. It has been stated that there was a huge parcel (luggage) on the top of the bus and that the same had been hit by the branches of a tree, while the bus was proceeding on the road. As a result of the impact, the bus driver lost his control of the bus. As such, it has been submitted that the accident was not caused due to any fault on the part of the bus driver.