SARASWATHI Vs. JALEEL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the Appellants/Claimants for enhancement of the Award amount passed in M.C.O.P. No.1091 of 2015, dtd. 30/11/2017, on the file of the Motor Accidents Claims Tribunal (Special Sub-Court), Tirunelveli.

(2.) The Appellants/Claimants filed the above M.C.O.P alleging that on 12/6/2015 at about 10.15 p.m, the deceased was travelling in a Bus bearing Registration No.TN-74-N-1552 belong to the Third Respondent from Tirunelveli to Pavoorchatram. When the Bus was crossing Veni Puncture Shop in Tenkasi-Tirunelveli Main Road, the Lorry bearing Registration No.KL-08- AA-4164 belong to the First Respondent came from the opposite direction in a rash and negligent manner entered into the right side of the road and hit against the Bus. As a result, the deceased Vellapandian suffered extensive injuries and died of injuries. He was working as a Senior Sales Supervisor in Vasanth & Co., and drawing a sum of Rs.12,000.00 p.m. as salary. He used to get Incentives at Rs.7,500.00 p.m. He was a State Orator in Indian National Congress Party and got Rs.5,000.00 p.m. by attending meetings. Thus, he was earning a sum of Rs.25,000.00 p.m. and spent the same for the welfare of the family. After his death, the Claimants, Wife and Children of the deceased find it very difficult to lead their normal life. Thus claiming a sum of Rs.40.00 lakhs, the Claim Petition is filed.

(3.) The Second Respondent did not dispute the accident and liability, but the quantum of Compensation awarded by the Tribunal is just and proper and does not require enhancement. The same position was taken by the Third Respondent.