NATIONAL INSURANCE CO LTD Vs. SARASWATHI

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance Company against the Judgment and Decree dated 21.11.2001 made in MACT OP No.611/99 on the file of Motor Accidents Claims Tribunal (Principal District Judge), Salem.

(2.) BACKGROUND facts in a nutshell are as follows: The deceased Anbazhagan met with an accident on 08.05.1999 at about 11.30 p.m. The said deceased was proceeding as a pillion rider along with rider Marimuthu in TVS-50 moped bearing registration No.TN-27-J-9993. While, they were proceeding on the left side of the Salem to Sankari Main Road near Murugan Temple, Kondalampatty, a bus bearing registration No.TN-01-P-1977 belonging to the fifth respondent and insured with the appellant-Insurance Company, which came from Sankari towards Salem in a rash and negligent manner without following the traffic rules and hit against the TVS-50 motor cycle. Due to the said impact, both the rider and pillion were thrown out from the moped and the rider Marimuthu died on the spot. The deceased Anbazhagan died on the way to the hospital. The claimants are mother, wife and two minor children. They claimed a sum of Rs.5,00,000/- as compensation before the Tribunal. The appellant-Insurance company resisted the claim. On pleadings the Tribunal framed the following issues:- 1. Whether the accident had occurred due to the rash and negligent driving of the bus driver belonging to the fifth respondent or due to the contributory negligence of the rider of the TVS 50 motor cycle also? 2. To what amount of compensation the claimants are entitled to? After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to rash and negligent driving of the driver of the bus and awarded a compensation of Rs.4,39,000/- with interest at 9% per annum from the date of the claim petition and the details of the same are as under:- Loss of income to the family Rs.4,32,000/- Loss of consortium Rs. 5,000/- Funeral expenses Rs. 2,000/- ------------------ Total... Rs.4,39,000/- ----------------- Aggrieved by that award, the appellant-Insurance company has filed the present appeal.

(3.) HEARD the counsel and perused the materials available on record. On the side of the claimants, Pws.1 to 3 were examined and documents Exs.P1 to P8 were marked. On the side of the respondents no one was examined and no document was marked to substantiate their claim. PW2 is the wife of the deceased. PW3 one Mannathan is the eye witness to the accident. Ex.P1 is the certified copy of the First Information Report. Ex.P2 is the certified copy of the post-mortem certificate of the deceased Marimuthu. Ex.P3 is the certified copy of the Motor Vehicles Inspector's Report relating the TVS-50. Ex.P4 is the certified copy of the Motor Vehicles Inspector's Report relating to the Bus. Ex.P5 is the certified copy of the charge sheet. Ex.P6 xerox and true copy of the legal heirship certificate of the deceased Marimuthu. Ex.P7 is the copy of the post-mortem certificate of the deceased Anbazhagan. Ex.P8 is the xeros copy and true copy of legal heirship of the deceased Anbazhagan. After considering the above oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the bus and the finding is based on valid materials.