NATIONAL INSURANCE CO LTD Vs. POOJA MANOJ SINGH

JUDGEMENT

(1.) In these two appeals the appellants are aggrieved by the judgment and award dated 4th September, 2006 passed by the Motor Accident Claims Tribunal, Chennai (III Judge, Court of Small Causes, Chennai) in M.C.O.P. No. 4904 of 2003, whereby a sum of Rs. 61,92,500/- has been awarded as compensation in a death case and held that both the appellants are jointly and severally liable to pay the compensation amount.

(2.) In C.M.A. No. 1835 of 2007 the appellant is the insurer of the car namely., M/s. National Insurance Company Limited, Chennai whereas in C.M.A. No. 1235 of 2008 the appellant is the owner of the bus namely., the Tamil Nadu State Transport Corporation.

(3.) The claimants/respondents filed a Claim Petition for the grant of compensation for the loss of life of one Manoj Singh caused in a motor vehicle accident. The claimants' case was that on 14.08.2003 at about 16.30 hours when the deceased was traveling in a Maruti Zen Car bearing Registration No. TN-02-D-8509 along with other co-passengers from Chennai to Madurai on Madurai Trichy National Highway from North to South at Soorapettai Othakadi the driver of the transport corporation bus bearing Registration No. TN-55-N-0239 driven the bus in a rash and negligent manner and dashed the Maruti Car resulting grievous injuries to the occupants of the car. The deceased sustained grievous injuries and later on succumbed to the injuries. The Inspector of Police Kottampatti registered a case in Crime No. 169 of 2003. The claimants' further case is that the deceased Manoj Singh was 34 years old at the time of the accident and was a qualified Civil Engineer and Managing Director of Nevadha Engineering Constructions Private Limited, Chennai, and was earning a sum of Rs. 40,000/- with perks and future prospects.