VELLAIYAMMAL Vs. K.SENTHILVEL

JUDGEMENT

(1.) The main grounds of challenge are the finding of the Tribunal on the issue of negligence, quantum of compensation fixed by the Tribunal and the deduction of income tax on the income of the appellant.

(2.) The brief facts of the case are that A.Ganapathy, who was working in the Selvanayagapuram Co-operative Society while crossing the road on 20/4/2019 at 13.00 hours was hit by a motor bike bearing Registration No.TN-65-V7287, sustained injuries and died on the spot. The deceased was earning a salary of Rs.34,056.00 at the time of accident and therefore, the claimant filed claim petition seeking a sum of Rs.40,00,000.00 as compensation against the respondents.

(3.) The insurance company contested the claim petition by filing a counter, wherein, it was stated that the deceased A.Ganapathy was negligent in crossing the road and therefore, the accident occurred only due to the negligence of the deceased. The insurance company further stated that the insurance company was not liable to pay compensation because the rider of the motor bike did not have a valid and effective driving licence and therefore, the liability should be fastened only on the owner of the vehicle. The insurance company further disputed the quantum of compensation claimed by the respondents.