ORIENTAL INSURANCE COMPANY LIMITED Vs. RAJAMMAL

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been preferred against the award passed in M.C.O.P.No.273 of 2011, dated 19.11.2015, on the file of the Motor Accidents Claims Tribunal cum Sub Judge, Srivillipthur.

(2.) Admittedly, the first respondent is the wife, second respondent is the daughter and the respondents 3 and 4 are sons of the deceased Ramar, who had died in a motor accident. The case of the claimants is that on 19.07.2011, at about 08.00.am, when the deceased Ramar was proceeding in his Bicycle on the left side road towards east at Rajapalayam to Chathirappatti Road and in front of tea shop, a Bus bearing registration No. TN 67-M-8748 owned by the fifth respondent/first respondent, which came in the opposite direction in a rash and negligent manner had dashed against the said Ramar and as a result of which, he sustained serious injuries all over his body and immediately was taken to the Rajapalayam Government Hospital, where he was declared dead, that the Bus driver was solely responsible for the accident and that a case in Crime No.485 of 2011 of Rajapalayam South Police Station was registered against the Bus driver for the offence punishable under Section 304(A) of IPC and the same is pending on the file of the Court of Judicial Magistrate, Rajapalayam.

(3.) The claimants' further case is that the deceased Ramar was aged about 60 years at the time of accident, that he was doing retail egg selling business and was earning Rs.10,000/- per month, that the claimants were depending only on the income of the deceased Ramar, that the Bus bearing registration No.TN 67-M-8748 was owned by the 5th respondent and the same was insured with the Appellant/second respondent and that therefore, both the respondents are jointly or severally liable to pay compensation.