ORIENTAL INSURANCE CO. LTD. Vs. JAYALAKSHMI

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal is directed against the judgment and decree dated 31.07.2013 passed by the learned Additional District Judge, Additional District Court-cum-Motor Accidents Claims Tribunal, Krishnagiri in M.C.O.P.No.107 of 2011.

(2.) The learned counsel appearing on behalf of the appellant mainly contended that there is a negligent on the part of the driver of the vehicle and on account of such negligence, the accident had occurred and therefore, the Tribunal has committed an error in not fixing the negligence on the part of the driver of the vehicle. The learned counsel for the appellant further contended that the Award amount of Rs.10,67,000/- is exorbitant and therefore, the Award amount is to be fixed in accordance with law.

(3.) The accident occurred on 19.02.2010 at about 13.45 hours, the deceased Rajendran @ Rajappa was proceeding near the 'U' Turn at Shoolagiri in Hosur to Krishnagiri National Highways. At that time, the driver of the Sangeetha Bus bearing Registration No.KA-01-B-8881 was driven the same in a rash and negligent manner, suddenly dashed against the said Rajendran @ Rajappa and due to the impact, Rajendran sustained fatal injuries and died on the spot. The accident had occurred due to rash and negligent driving of the driver of the second respondent's bus. The Shoolagiri Police Station, Krishnagiri District registered a case in Crime No.60 of 2010 under Sections 279, 337 and 304 (A) of IPC. At the time of accident, the said Rajendran @ Rajappa was aged about 23 years and was earning more than Rs.7,500/- per month. He was doing the seasonal business, but due to the sudden demise of the breadwinner, the first petitioner, being the wife of the deceased, sustained great mental shock, the second petitioner is the father and the third petitioner is the mother of the deceased. They both have lost their lovable brother and supporter in their future. The fifth petitioner is a mute and there is no chance of marriage and she was wholly depending on the deceased. The deceased was the sole breadwinner of the family.