ORIENTAL INSURANCE COMPANY LIMITED NAMAKKAL DISTRICT Vs. KALAIVANI

JUDGEMENT

(1.) FEELING aggrieved by the apportionment of negligence in the ratio of 50%:50%and award of compensation of Rs. 45 lakhs in M.C.O.P. No. 744 of 1998 for the death of Saravanan, who was a marine Engineer, appellant-Oriental Insurance Company, insurer of the Tempo van has filed C.M.A. No. 1840 of 2000.

(2.) FEELING dissatisfied with the quantum of compensation, Claimants have filed C.M.A. No.61 of 2001 for enhancement of compensation granted in M.C.O.P. No. 744 of 1998.

(3.) BRIEF facts are that the houses of claimants are situated on the northern side of Erode-Perundurai road. On 7.5.1998 at about 3.30 p.m, a lorry bearing Registration No. AP-13 T 7821 driven by the 6th Respondent in a rash and negligent manner, hit a Tempo van bearing registration No. TN-28 W 8996 and after hitting the Tempo van, the lorry turned left side and hit the house of Claimants and killed Saravanan, who was in the house. The lorry was proceeding from Perundurai to Erode from West to East, whereas the van was proceeding from Erode to Perundurai i.e., from East to West. Due to the accident, the entire roofing, asbestos cement sheets of the front portion of the house were damaged. Deceased - Saravanan sustained grievous injuries all over the body and he was immediately taken to Erode Government Hospital and he succumbed to injuries on his way to the Hospital. The driver and cleaner of the Tempo van also died on the spot. Criminal case was registered against the 6th respondent-lorry driver under Sections 279 and 304-A IPC in Crime No. 231 of 1998 on the file of Erode Taluk Policle Station. Deceased - Saravanan was a Marine Engineer and he was aged about 20 years and three months as on the date of accident. He was working as Radio Officer for Varan Shipping Company Limited and was getting more than Rs. 60,000/- per month. Stating that the accident was due to the negligent driving of both lorry driver and tempo van driver and the composite negligence of both the drivers, the Claimants, who are wife, parents and brothers of deceased Saravanan filed the Claim Petition in M.C.O.P. No. 744 of 1998 claiming compensation of Rs. 75 lakhs.