BRANCH MANAGER NATIONAL INSURANCE CO LTD Vs. SUMATHI

JUDGEMENT

(1.) Being aggrieved by the finding fixing negligence on the driver of a private passenger bus, bearing registration No. TN 47-S 3800, insured with the appellant insurance company and the quantum of compensation of Rs. 3,31,500, with interest at the rate of 7.5 per cent per annum, awarded to two daughters and a son of the deceased Pachammal, the insurance company has preferred this appeal. Out of two daughters, the respondent No. 1, Sumathy, is stated to have been married.

(2.) According to the respondents, on 1.5.2009, when the deceased was proceeding to Neelapadi in a private bus owned by Vinayagam Transports, bearing registration No. TN 47-S 3800. belonging to one Thiru-murugan. respondent No. 4 herein, about 5 a.m.. the bus stopped at Neelapadi Bus Stop. When the deceased was alighting from the bus. the driver without noticing her suddenly started the bus and as a result of which, she fell down and the rear wheel of the bus ran over the deceased. Though she was rushed to Government Hospital, Tiruvarur. for better treatment, she was referred to Thanjavur Hospital and in spite of treatment, she died. A case in Crime No. 282 of 2009 has been registered against the driver of the private transport bus, under sections 279 and 304-A, Indian Penal Code on the file of Kezhvelur Police Station. Before the Claims Tribunal, the respondent No. 4, owner of the vehicle, remained ex parte.

(3.) The appellant insurance company denied the manner of accident. The insurance company further submitted that the driver of the bus did not possess a valid and effective driving licence. There was no permit to drive the vehicle. Without prejudice to the above, they also disputed the age, avocation, income and the quantum of compensation claimed under various heads.