UNITED INDIA INSURANCE COMPANY LIMITED Vs. P GOVINDARAJ

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the order of M.C.O.P. No. 213 of 2001 dated 30.10.2003 thereby Tribunal has awarded compensation of Rs. 13,21,040/- to the Claimants who are parents of the deceased Manohar who died in a road traffic accident on 8.10.2000.

(2.) Brief facts are that on 8.10.2000, deceased Manohar was travelling in the bus bearing registration No. TN-27 V 3949 (National Transport Bus) from Thathagapatty to Sankari. When bus was proceeding near Thalaiyur Pirivu, the driver of the bus drove the bus in a rash and negligent manner and all of a sudden the bus collided over another bus which came in the opposite direction. Due to the impact, the passengers including Manohar who were sitting in front portion of the bus sustained head injuries and injuries all over the body. Manohar was immediately taken to Sri Gokulam Hospital, Salem where he was treated in Intensive Care Unit from 8.10.2000 to 19.10.2000. Inspite of best treatment, Manohar succumbed to injuries on 19.10.2000. At the time of his death, Manohar was aged 21 years. He has passed B.E. on Electrical and Electronics Engineering and he was also a Honours Diploma Holder of National Institute of Information Technology (NUT) in Network Centred Computing. Regarding the accident, criminal case was registered in Crime No. 1034 of 2000 of Magudanchavadi Police Station. Alleging that the accident was due to rash and negligent driving of bus driver, Claimants who are parents of deceased Manohar filed Claim Petition claiming compensation of Rs. 15,00,000/-.

(3.) Appellant-Insurance Company resisted the Claim Petition denying negligence as well as quantum of compensation claimed by the Claimants.