SANGEETHA Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) BEING aggrieved by fastening of 50% contributor negligence upon the deceased and also dissatisfied with the quantum of compensation of Rs.64,26,720/ - awarded by Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Chennai in M.C.O.P.No.1464 of 2008 (12.10.2009) for the death of deceased Sekar in the road traffic accident on 25.6.2007, Claimants have filed this appeal.

(2.) BRIEF facts are that on 25.6.2007, deceased Sekar and his wife (1st Claimant), co -brother Sathish Balaji, his co -brother's wife Deepa Rohini, their son Pranav Arun and his mother -in -law Susheela were returning in Tata Indigo car bearing registration No.AP -09 Q 3990 on East -Coast Road, after going for an outing at Muttukadu Boat House. When the car was nearing Pannai Ayvagam on East -Coast Road at about 3.00 P.M., the bus bearing registration No.PY -01 L 5199 coming on the opposite direction and proceeding towards Pondicherry, cut across the centre median line and collided head on with Tata Indigo car. Due to the impact Sekar and other occupants of the car sustained grievous injuries and the car was damaged. Immediately after the accident, injured persons were sent to Malar Hospitals, Adyar. Sekar succumbed to injuries on the same day. Regarding the accident, a criminal case was registered against the bus driver in Crime No.559 of 2007 under Sections 279 and 337 I.P.C. of Neelangarai Police Station. At the time of accident, Sekar was working as Vice -President in Polaris Software Lab Limited, Chennai and was earning Rs.2,25,000/ - per month. Alleging that the accident was due to rash and negligent driving of the bus driver and that they have lost the bread winner of the family, the Claimants who are wife and minor sons of deceased Sekar have filed Claim Petition claiming compensation of Rs.6,17,65,000/ -.

(3.) BEFORE the Tribunal, 1st Claimant -Sangeetha examined herself as P.W.1. Exs.P1 to P14 were marked. Respondents including the 1st Respondent -Insurance Company remained exparte before the Tribunal.