ORIENTAL INSURANCE CO. LTD. Vs. CHANDRA

JUDGEMENT

(1.) Being aggrieved by the award of compensation of Rs.25,76,336/- for the death of deceased Sivakumar in the road traffic accident, Appellant Insurance Company has filed C.M.A.No.1357 of 2010. Being dissatisfied with the quantum of compensation, dependents of deceased Sivakumar have filed Cross Objection No.52/2013 claiming enhancement of compensation. Since both the Appeal and Cross Objection arise out of the same order and the points for determination are one and the same, both the Appeal and Cross Objection were heard together and shall stand disposed of by this Common Judgment.

(2.) Brief facts are that on 25.10.2006, deceased Sivakumar and his three friends were returning in Maruthi Esteem car bearing registration No.TN-09-M 2706 from Pondicherry to Chennai after attending betrothal function at Pondicherry. When the car was nearing Sambuvelli street, Marakkanam at about 4.00 A.M., the bus bearing registration No.PY-01-Z 9697 owned by the 5th Respondent proceeding in the same direction stopped all of a sudden and the car rammed into the bus. Due to the impact, the driver of the car, Sivakumar and the other occupants have sustained grievous injuries and the driver and two other occupants died on the spot. Immediately after the accident, Sivakumar was taken to Pondicherry Institute of Medical Science Hospital, Kalapet where he succumbed to the injuries. Regarding the accident, a criminal case was registered against the bus driver in Crime No.442 of 2006 under Sections 279, 338 and 304(A) I.P.C. of Marakkanam Police Station. At the time of accident, deceased Sivakumar was working as Software Engineer in Satyam Computers Service Limited, Chennai and earning Rs.3,44,332/- per annum. Alleging that the accident was due to rash and negligent act of the bus driver in suddenly stopping the bus and that they have lost their son and his support, the Claimants who are parents and sisters have filed the Claim Petition claiming compensation of Rs.60,00,000/-.

(3.) Resisting the Claim Petition, Appellant-Insurance Company filed counter stating that the car bearing No.TN-09 M 2706 was driven in a rash and negligent manner which resulted collision on the bus and that the Respondents 6 and 7, who are owner and insurer of the car alone is liable to pay compensation. It was averred that the driver of the car had no valid and effective driving licence. Appellant-Insurance Company also denied the age, occupation, monthly income of the deceased and that the compensation claimed is excessive.