R. VIJAYALAKSHMI Vs. S. THANGAM

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed by Claimants against the Judgment and Decree dated 16.6.2012 in M.C.O.P. No.83 of 2010, on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Virudhunagar District at Sriviliputhur, seeking enhancement of Compensation, for the death of one Rajaram aged about 45 years.

(2.) ACCORDING to the Claimants, the accident had occurred on 6.1.2010, when the deceased was travelling in the Bus bearing Registration No.TN -39 -K -8100, belonging to the First Respondent and insured with the Second Respondent -Insurance Company. The driver of the Bus drove in a rash and negligent manner and dashed against the electric post. Due to that accident, the said Rajaram died on the spot. He was working as a Broker and earning a sum of Rs.7,500/ -. Hence, a sum of Rs.7,00,000/ - was claimed before the Tribunal for the death of the deceased by his wife and child.

(3.) HOWEVER , the Tribunal had held that the accident had occurred due to the rash and negligent driving of the driver of the offending vehicle and fastened the statutory liability on the Insurance Company.