P. VANAJA Vs. D.MARAN

JUDGEMENT

(1.) Aggrieved by the award passed by the Motor Accident Claims Tribunal, Special Subordinate Court, Cuddalore in MCOP No.766/2017 both the claimant as well as the 2nd respondent/insurance company are before this Court challenging the said award.

(2.) The claimants have filed CMA.No.342/2022 and the Insurance company has filed CMA No.887/2022. The two appeals arise from out of a single claim petition i.e; M.C.O.P.No.766 of 2017, therefore, a common judgment is being pronounced. The brief facts which gives rise to these appeals are as follows:-

(3.) The claimants, the wife and children of P.Pazhani had filed M.C.O.P. No.766 of 2017 claiming compensation for the death of the said P.Pazhani in a road accident on 7/10/2016. It is their case that the said P.Pazhani who is aged about 50 years was a tractor driver earning a monthly income of about Rs.15,000.00. On the said date the said P.Pazhani was driving the Tractor bearing Registration No.TN-31-AH-7986 with Trailer bearing Registration No.TN-32-2649 on the Trichy to Chennai Main Road. At about 3 hours when his vehicle had reached the Iyvadhukudi over bridge, a tourist bus belonging to the 1st respondent bearing Registration No.PY-01-CD-8889 which was coming behind the Tractor Trailer attempted to overtake the same at great speed and in a rash and negligent manner. While overtaking the said vehicle the bus had hit the Tractor Trailer as a result of which the Tractor Trailer and the bus fell down from the bridge and the deceased was fatally injured. He was rushed to the hospital and despite the treatment succumbed to his injuries on 13/10/2016. The claimant had sought for a compensation of a sum of Rs.25,00,000.00. The claim was filed against the owner of the tourist bus and the insured.