SUMANGALA Vs. P.RAJKUMAR

JUDGEMENT

(1.) THE dependants of deceased Dr.Gobinathan, dissatisfied with the Tribunal cutting 40% of compensation amount have directed this appeal.

(2.) ON 29.08.2004, a road accident took place. In this, Dr.Gobinathan passed away. His wife and children claimed compensation. The Tribunal totally determined Rs.19,08,764.00 as loss of dependency. The Tribunal coming to the conclusion that the deceased also contributed to the accident, apportioned the negligence as between him and the driver of the tanker lorry in the ratio of 40% : 60%. Thus, the Tribunal reduced the said amount to Rs.11,45,250.00. Adding Rs.46,000.00 towards loss of consortium, love and affection, transportation charges and funeral expenses, totally awarded Rs.11,92,250.00.

(3.) ON the other hand, the learned counsel for the 2nd respondent/Insurance Company would contend that one Rajasekaran, travelled along with the deceased in the car lodged the complaint. The police registered the case against the deceased. But, that complaint has not been produced before the Tribunal. Considering the evidence on record, the Tribunal correctly apportioned the negligence as between the erring car driver as well as the erring tanker lorry driver. There is no flaw in its decision. Further, the Tribunal awarded excessive compensation.