MYTHILI PRIYA Vs. SAMINATHAN

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation of Rs.30,53,800/- for the death of Ravi in a road traffic accident on 01.5.2007, the Claimants have preferred C.M.A.No.3927 of 2010 for enhancement.

(2.) Brief facts are that on 01.5.2007, deceased Ravi was travelling in the Maruthi Omni van bearing registration No.TN-09 H 4088, belonging to the 4th Respondent and insured with 5th Respondent-Insurance Company on Palladam-Dharapuram Road. At about 4.45 A.M., when the Maruthi Omni van was nearing Kallipalayam G.K.Nagar, the bus bearing registration No.TN-33 N 1951, belonging to the 2nd Respondent-Transport Corporation driven by its driver (1st Respondent) in a rash and negligence manner and collided with Maruthi Omni van. Due to the impact, Ravi, who was travelling in Maruthi Omni van and 3rd Respondent, driver of Maruthi Omni van sustained injuries and died on the spot itself. Regarding the accident, a criminal case was registered against the driver of Maruthi Omni van in Crime No.292/2007 under Sections 279, 304(A) of I.P.C. of Palladam Police Station. At the time of accident, deceased Ravi was working as Sub Inspector of Police and was earning Rs.16,000/- per month. Alleging that the accident was due to composite negligence, the Claimants who are wife, daughter, son and parents of the deceased have filed Claim Petition claiming compensation of Rs.40,00,000/-.

(3.) Resisting the Claim Petition, 2nd Respondent-Transport Corporation has filed counter contending that on 1.5.2007, the driver of the bus drove the same in a normal speed by observing the traffic rules and regulations. At about 4.45 A.M. when the bus was nearing Kallipalayam G.K. Nagar, the driver of the bus noticed Maruthi Omni van coming on the opposite direction with heavy speed. On seeing this, the driver of the bus hooted horn and slowed down the bus at the extreme left side of the road, even then the driver of Maruthi Omni van lost his control and went to the extreme right side and hit the front side of the bus. It is averred that the accident occurred only due to the negligence of the Maruthi Omni van driver and that 2nd Respondent-Transport Corporation is not liable to pay any compensation to the Claimants. 2nd Respondent-Transport Corporation has also denied age, occupation, monthly income of the deceased and that the compensation claimed is excessive.