RAMJANI Vs. M.SENTHIL KUMAR

JUDGEMENT

(1.) This present Civil Miscellaneous Appeal is at the instance of the claimants, aggrieved by the award passed by the Motor Accidents Claims Tribunal/Sub Court, Sathyamangalam in M.C.O.P.No.269 of 2014 in and by judgment and decree dtd. 27/4/2018, awarding a sum of Rs.7,82,000.00 together with interest at 7.5% per annum.

(2.) The brief facts set out in the claim petition are as hereunder: The appellants before this Court as appellants, wife and father of the deceased, one, Velusamy, S/o Mahali who died in a road accident on 4/6/2014 sought for compensation of Rs.20,00,000.00. The case of the claimants before the Tribunal was that late Velusamy was running a provision stores and was earning not less than Rs.20,000.00 per month and that the 1st respondent/State Transport Corporation bus driven in a rash and negligent manner and that too at high speed and without using horn hit the deceased motor cycle resulting in grievous injuries and also died on the spot.

(3.) The 2nd respondent/State Transport Corporation filed a counter denying the allegations of rash and negligent driving by the 2nd respondent's driver. In the said counter, it is also contended that the deceased was not earning Rs.20,000.00 per month and only Rs.15,000.00 ought to be taken towards notional income as per the II schedule of the Motor Vehicles Act. The insurance company also denied the compensation claimed under various heads and put the claimants to strict proof of such claims.