MANAGING DIRECTOR Vs. AMUDHA SIVAPRAKASAM

JUDGEMENT

(1.) Appellant-Tamil Nadu State Transport Corporation challenges the award of compensation in M.C.O.P.Nos.128 of 2000 and 42 of 2000 dated 21.12.2001 on the file of Motor Accident Claims Tribunal (Sub-Court), Krishnagiri by filing C.M.A.Nos.1691 and 1692 of 2002.

(2.) Appellant-Oriental Insurance Company Limited, Hosur challenges the very same award of compensation in M.C.O.P.Nos.128 of 2000 and 42 of 2000 on the file of Motor Accident Claims Tribunal (Sub-court), Krishnagiri by filing C.M.A.Nos.1231/2003 and 2024 of 2002 whereby Tribunal has awarded compensation of Rs.20,72,000/- to the wife and son [Claimants in MCOP.No.128/2000] and a sum of Rs.5,00,000/- to the parents [Claimants in MCOP.No.42/2000] of deceased Dr.N.Sivaprakasam who died in a road traffic accident on 19.2.2000 and apportioning the negligence and liability at 50% : 50% between the two vehicles [lorry and bus]. Since, all the Appeals arise out common order and the points for consideration are one and the same, all the Appeals were taken up together and shall stands disposed of by this Common Judgment.

(3.) M.C.O.P.No.42 of 2000 was filed by the parents of the deceased Dr.N.Sivaprakasam claiming compensation of Rs.5,00,000/-. M.C.O.P.No.128 of 2000 was filed by the wife and son of the deceased Dr.Sivaprakasam claiming compensation of Rs.40,00,000/- stating that the deceased was 47 years and was working as Associate Professor (Agri.), Entomology, Department of Sericulture in Tamil Nadu Agricultural University, Coimbatore and was drawing a salary of Rs.21,829/- per month. Case of Claimants is that on 19.2.2000, when the deceased was travelling in the Tamil Nadu State Transport Corporation bus bearing Registration No.TN-29 N 1063 at about 7.45 P.M in Krishnagiri to Salem NH7 Main road, near Mottur Road junction, while the bus trying to overtake the lorry bearing registration No.MDB 3007 belonging to one N.Babu and insured with the Oriental Insurance Company [Appellants in CMA No.1231/2003 and CMA.No.2024/2002] which was driven by its driver in a rash and negligent manner and he suddenly turned the lorry towards left to go to Mottur Road, carrying with eucalyptus timber, both lorry and bus dashed. Due to the impact of the eucalyptus timber in the lorry entered into left side of the Corporation bus through front door window of the bus, the deceased sustained fatal injuries on his vital organs. Immediately, after the accident, deceased was admitted in St.John's Hospital and inspite of treatment, he succumbed to the injuries on 8.3.2000 in the said Hospital. Regarding the accident, criminal case in Crime No.326 of 2000 of Krishnagiri Town Police Station was registered against the bus driver. Alleging that the accident was due to rash and negligent driving of the lorry driver as well as the bus driver, Claimants have filed the Claim Petitions [MCOP.No.42/2000 filed by parents and MCOP.No.128/2000 filed by wife, son] as stated above. In the Tribunal, joint trial was held in both the Claim Petitions.