J PRAKASH Vs. V S SAINARAYANAN

JUDGEMENT

(1.) The Claimants have filed the appeal in C.M.A. No.3372 of 2014 and Cross Objection No. 89 of 2015 against C.M.A. No.1555 of 2014 seeking enhancement of the compensation. The New India Assurance Company Limited filed the appeals in C.M.A.Nos. 1555 and 1556 of 2014, seeking reduction of the compensation granted by the Tribunal.

(2.) The Motor Accident which occurred on 29.07.2007 at 00.30 a.m., on the Palar River bridge at Veppancherry, from Pondicherry to Chennai, resulted in two fatal cases. As per the claim petitions filed before the Tribunal, it is stated that while the deceased Prasanna Vadhani Prakash was driving her car bearing Registration No. TN 09 U 5792 along with the deceased R. Balaji, the bus bearing Registration No. TN 21 J 8956, belonging to one Mr.V.s. Sainarayanan, insured with the New India Assurance Company, came in a rash and negligent manner and dashed against the car. In the impact, the car was completely damaged and both of them were crushed to death. The following table gives the details of the deceased persons, their name, age, occupation, the relationship with the claimants and the amount of compensation claimed by them. <FRM>JUDGEMENT_494_LAWS(MAD)4_2016.html</FRM>

(3.) Before the Tribunal on behalf of the claimants PWs 1 to 7 were examined as witnesses, the details of which are as follows :-