MANAGER ORIENTAL INSURANCE CO.LTD. Vs. SARASWATHI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred on behalf of Oriental Insurance Company Limited, calling in question, the award made in M.C.O.P.No.1 of 2010, on 30.03.2011, by the Motor Accident Claims Tribunal cum Principal District Judge, Virudhunagar District at Srivilliputtur.

(2.) The respondents 1 and 2 are the claimants in the aforementioned petition. The third respondent is the owner of the offending bus, which was found responsible for causing the fatal accident that occurred on 21.08.2009, at around 11.45 a.m., near Lorry Owners' Association building situated on Rajapalayam - Srivilliputtur main road. The husband of the first respondent herein and father of the second respondent, by name, Sri.Ramanujam was proceeding on his motor bike bearing Registration No.TN -67 -V -4291. He was proceeding from Rajapalayam to Srivilliputtur. The deceased Ramanujam was an Ex -service man and after his discharge from the Indian Army, he joined Brakes India Limited. The said Brakes India Limited, in recognition, of his meritorious services, rendered to the said company, has awarded him the cash incentives of Rs.20,000/ - on 19.06.2001 and Rs.25,000/ - on 01.08.2002. Further, after superannuating from Brakes India Limited, the deceased Ramanujam seems to have been employed with Turbo Energy Limited. The said company also in recognition of the meritorious services rendered by the deceased Ramanujam rewarded him with an incentive of Rs. 36,000/ - paid on 29.04.2008. Necessary documentary evidence in respect thereof has been brought on record of the Tribunal as Ex.P.13. The deceased Ramanujam, apart from bringing discipline and dedication to his service, appears to be having an academic bent of mind also. He has secured M.A., M.Phil., Degrees from Madurai Kamaraj University. Ex.P.14, dated 26.04.1999, vouches for the academic pursuits of the deceased Ramanujam. It appears that he has completed his Thesis and submitted the same for evaluation for award of Doctoral Degree before this fatal accident denied him the credit. Vivo -vice examination is due to be taken by him at the time of his death. After leaving the employment of Turbo Energy Limited, it appears that the deceased Ramanujam has established his own Manpower Supply Agency Firm and was supplying the required manpower to several industries.

(3.) The offending bus owned by the third respondent, was coming from the opposite direction. It was driven in such a rash and negligent manner that it has dashed the two wheeler driven by the deceased Ramanujam and dragged him further for quite some distance before the bus could be brought to a halt. Because of the severe injuries sustained in the process, the deceased Ramanujam died on the spot. Ex.P.1 is the First Information Report, registered by Rajapalayam North Police Station in Cr.No.471 of 2009 under Section 304 -A I.P.C. against the driver of the offending bus. Ex.P.2 is the final report submitted by the police after investigation to the Court clearly bringing out that the deceased was riding his motor bike by following the traffic rules, on the left side of the road, while proceeding from south to north, while the offending bus which is coming from the opposite direction from north to south, has gone and dashed against the motor bike, because the bus was driven in a rash and negligent manner by its driver. Ex.P.3 is the rough sketch drawn by the police which clinchingly establishes that the deceased Ramanujam was driving his vehicle on the correct side of the road. Whereas the offending bus was found to have travelled on to the wrong end. The accident had occurred, because the driver lost control over the vehicle and then, dashed against the motor bike driven by the deceased Ramanujam. Ex.P.4 is the Observation Mahazar. Upon a proper consideration of Exs.P.3 and P.4, the Tribunal has returned a finding of fact that the accident has been caused due to the rash and negligent driving of the bus by its driver, but not due to any fault attributable to the deceased Ramanujam, who was driving the two wheeler in the opposite direction.