NATIONAL INSURANCE COMPANY LIMITED CHENNAI Vs. K OBAIAH

JUDGEMENT

(1.) THESE appeals have been preferred by the appellant-Insurance Company against the award dated 22.7.2004 made in M.A.C.T.O.P.No.229 of 2002 on the file of the Motor Accident Claims Tribunal, Fast Track Court No.III, Poonamallee. 2. The Brief facts in a nutshell are as follows: The deceased Kalivela Saroja met with motor vehicle accident that took place on 17.05.2001 at about 00.15 A.M. The said Saroja and her daughters were travelling in a bus bearing Registration No.TN.21-N-0569 belonging to the sixth respondent Transport Corporation from Chennai to Nellur. When the bus was nearing Duraivarichathiram on the G.N.T. Road, at that time, a Tata Container Lorry bearing Registration No.H.R. 55/4147 which came from opposite direction driven by its driver in a rash and negligent manner and colluded with each other. Due to the same, the deceased sustained fatal injuries and died on the spot. The claimants are the husband, two daughters and son. They claimed a sum of Rs.5,03,000/- as compensation. The said container lorry was insured with the appellant-Insurance Company. Both the appellant- Insurance Company as well as the Transport Corporation 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 driver of the lorry belonging to the appellant-Insurance Company or the driver of the bus belonging to the Transport Corporation"

(2.) WHETHER the claimants are entitled to any claim" If so, what is the amount and from whom"" After considering the oral and documentary evidence, the Tribunal held that the accident had occurred due to the rash and negligent driving of the drivers of both the vehicles and the liability was fixed 50% each on both the vehicles and awarded a compensation of Rs.2,68,000/- with interest at 9% per annum from the date of petition and the details of the compensation are as under:- Pecuniary Loss: Rs.2,43,000/- Funeral & Transport Expenses :Rs. 10,000/- Loss of love and affection: Rs. 15,000/- ------------------ Total... Rs. 2,68,000/- ------------------ Aggrieved by that award, the appellant-Insurance Company and the sixth respondent/Transport Corporation have preferred these appeals. The Transport Corporation has filed the appeal with a delay of 2268 days.

(3.) THE learned counsel appearing for the claimants submitted that the Tribunal had considered all the relevant materials and evidence on record and came to the correct conclusion and awarded a just, fair and reasonable compensation. Hence, the order passed by the Tribunal is in accordance with law and the same has to be confirmed.