P KALAISELVI Vs. G. CHINNAPPAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the claimant for enhancement of compensation as against the award passed in M.C.O.P.No.159 of 2005 on the file of the Motor Accidents Claims Tribunal (Principal District Judge, Erode District).

(2.) On 31/12/2004 at about 1.05 pm, a Mahendra Van bearing registration No. TN 38 3233 and a passenger Bus bearing registration No. TN-30-Y-2828 colluded near Saralai, Peurndurai to Kovai NH 47 Main Road. The Driver of the Mahendra van Mr. Perumal aged about 42 years died. On 10/02/2005 claim petition filed by the dependants of the deceased Perumal (his wife, minor daughter and mother) seeking compensation of Rs.10,00,000/- against the Driver, the owner and the Insurer of the passenger Bus (respondents 1 to 3 herein) and the owner and the insurer of the Mahendra van.( respondents 4 and 5 herein) .

(3.) On 04/01/2007 the Motor Accident Claims Tribunal, Erode passed the impugned award. It held that both the Drivers are equally responsible for the accident. As a result, 50% of the total compensation Rs.3,85,000/- deducted for the contributory negligence of the deceased Van driver. Compensation of Rs.1,92,500/- was awarded to the claimants. The respondents 1, 2 and 3 herein jointly and severally were directed by the Tribunal to pay Rs.96,250 with 7.5.% interest. Respondents 4 and 5 herein were jointly and severally directed to pay the Rs.96,250/- with 7.5% interest. The award amount was apportioned among the claimants 1 to 3 ( wife, daughter and mother ) in the ratio of 50%, 30% and 20%.