NEW INDIA ASSURANCE COMPANY LIMITED; C SARASWATHI AND ORS Vs. C SARASWATHI AND ORS ; NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The appellant / second respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.1195 of 2003, on the file of the Motor Accidents Claims Tribunal, Ist Additional District Court, Tirunelveli.

(2.) The short facts of the case are as follows:- The petitioners, who are the wife and children of the (deceased) Ponnusamy have filed the claim in M.C.O.P.No.1195 of 2003, claiming compensation of a sum of Rs.10,00,000/- from the respondents for the death of the said Ponnusamy in a motor vehicle accident. It was submitted that on 03.05.2003, at about 05.30 p.m., when the deceased was pushing his bajaj sprite two wheeler bearing Registration No.TN-72-P-7580, manually, in front of Dinamalar Office at Vannarapettai, Tirunelveli, from south to north, carely and slowly, the first respondent's bus bearing Registration No.TN-I-4794, coming from west to east and driven by its driver in a rash and negligent manner, dashed against the deceased and caused the accident. In the impact, the (deceased) Ponnusamy sustained grievous injuries all over his body and immediately thereafter, the deceased was taken to Tirunelveli Medical College Hospital, Tirunelveli for first aid in the same bus and thereafter admitted in the Shifa Hospitals, Tirunelveli Junction, on 03.05.2003. However, in spite of medical treatment, the (deceased) Ponnusamy succumbed to his injuries on 09.05.2003. The deceased waged aged 54 years at the time of accident and was working as the Deputy Manager, Quality Control, in the Tamil Nadu Civil Supplies Corporation Limited, Thoothukudi and drawing a monthly salary of Rs.13,523/-. Hence, the petitioners have filed the claim against the first and second respondents, who are the owner and insurer of the bus bearing Registration No.TN-I-4794.

(3.) The second respondent, in his counter has submitted that the vehicle bearing Registration No.TN-I-4794, had been insured with them. The averments made in the claim regarding age, income and occupation of the (deceased) Ponnusamy and the manner of accident was not admitted. It was submitted that the deceased had also contributed to the cause of accident by his negligence and as such, the claim of the petitioners against this respondent alone is not maintainable. It was submitted that as the second and third petitioners were aged 21 and 20 years respectively are majors and not dependent on the income of the deceased as they had their own avocation. It was submitted that as the deceased was employed in the Tamil Nadu Civil Supplies Corporation, the death benefits of the deceased would have been received by the petitioners. It was submitted that the claim was excessive.