PARAMESWARI Vs. A.KUMAR

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation of Rs.25,95,000/- awarded for the death of Annadurai in a road traffic accident on 29.05.2008, the Claimants have preferred C.M.A.No.3051 of 2010 praying for enhancement of compensation. Being aggrieved by the award of compensation, Insurance Company has preferred C.M.A.No.2761 of 2012. Since both the appeals arise out of the same Award, both the appeals were heard together and disposed of by this common judgment.

(2.) Brief facts are that on 29.05.2008, deceased Annadurai was travelling in Maruthi Omni van bearing registration No.TN-33 AW 7689 in Mettur-Bhavani Main Road proceeding from north to south. When the van nearing Kuttamuniappan Kovil, Thandavapuram bus stop, the driver of the van drove the same in a rash and negligent manner and dashed against the back side of parked lorry bearing registration No.HR-55 G 9268. Due to the impact, Annadurai and other occupants of the van sustained grievous injuries and one Sundaram died on the spot. Immediately, after the accident, Annadurai was admitted in Senthil Neuro Hospital, Erode and succumbed to the injuries on 31.5.2008. Deceased Annadurai was aged 43 years at the time of accident and was working as LIC agent and was getting commission of Rs.55,000/- per month. Apart from working as LIC agent, Annadurai was running 10 Power looms and also running Cable T.V. Services and was earning Rs.10,000/- per month from Power Looms and Rs.3000/- from Cable T.V. Services. Thus Annadurai was earning total income of Rs.68,000/- per month. Regarding the accident, a criminal case was registered against Maruthi Omni van driver in Crime No.231 of 2008 under Sections 279, 337 and 304(A) I.P.C. of Bhavani Police Station. Alleging that the accident was due to rash and negligent driving of the van driver, Claimants who are wife, children and mother of the deceased have filed Claim Petition claiming compensation of Rs.1,00,00,000/-.

(3.) Resisting the Claim Petition, Insurance Company has filed the counter contending that the lorry bearing registration No.HR-55 G 9268 was parked in the middle of eastern portion of the road and in the absence of danger light or other signal, the driver of the van hit against the lorry and thus the driver of the lorry was responsible for the accident. It was averred that the driver of Maruthi Omni van had no effective driving licence to drove the van which is a taxi and hence, the Insurance Company is not liable to pay compensation to the Claimants. Insurance Company also denied the occupation and income, monthly contribution to the family and age of the deceased and contended that the quantum of compensation of Rs.1,00,00,000/- claimed by the Claimants is on the higher side.