ORIENTAL INSURANCE COMPANY LIMITED Vs. MALLIKA

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 8.10.2002 made in MCOP.No.479/2001 by the learned Additional District Judge (MACT) Vellore, whereby the Tribunal awarded a sum of Rs.2,50,000.00 as total compensation with interest at 9 per cent p.a. to the claimants/the Respondents 1 to 5 herein, who are the sisters and brothers of the deceased Umasankar, who died in the motor accident that had occurred on 22.6.2001.

(2.) THE deceased sustained fatal injuries, when the mini lorry knocked him down on the Vellore to Chennai Road, opposite to Hotel River View, while he was proceeding in his bicycle. The deceased was a bachelor. The claimants claimed a compensation of Rs.5,00,000.00 before the Tribunal. According to the claimants, the deceased was running a finance business and was earning Rs.10,000.00 p.m. and he was aged about 30 years at the time of the accident. The Tribunal found that the accident had occurred only due to the rash and negligent driving of the driver of the mini lorry and awarded a compensation of Rs.2,50,000.00 to the claimants.

(3.) ON the other hand, Mr.T.Saravanan, the learned counsel for the Respondents/claimants contended that the claimants were depending on the income of the deceased and the evidence placed on record under Ex.P6 Ration Card would evidently show that the claimants 3 to 5 were living jointly and they were depending on the income of the deceased who was the bread-winner of the family. It is submitted that the deceased was earning income by running the finance business and his family consisting of brothers and sisters were depending upon the income of the deceased. He also relied upon the decision of the Honourable Supreme Court reported in 2000-ACJ-1108 (National Insurance Company Limited Vs. Bashir Ahmad Gojri and others) to support his contention that the brothers and sisters are entitled to maintain a petition claiming compensation under the Motor Vehicles Act.