THE SUPERINTENDENT OF POLICE Vs. DHANAM

JUDGEMENT

(1.) The appeal has been filed by the Police Department against the award of Rs.8,71,000/- for the death of one Krishnakumar, the husband of the first respondent, father of the second and fifth respondent and the mother of the third respondent herein, for the accident occurred on 24.01.2005 when he was riding in a motor cycle as a pillion rider from Salem to Mettur, driven by the sixth respondent.

(2.) It is the case of the claimants before the Tribunal that when the deceased was riding as a pillion rider in a motor cycle driven by the 6th respondent, from Salem to Mettur, police jeep belonging to the appellant coming in the opposite direction, driven in a rash and negligent manner, dashed against the motor cycle, resulting in the death of the said Krishnakumar. Therefore, the claimants filed petition claiming a sum of Rs.15,00,000/- as compensation.

(3.) The appellants took a stand before the tribunal that the motor cycle was driven in a rash and negligent manner and the 6th respondent herein who drove the motor cycle was attending cell phone while riding the vehicle and because of that, the accident occurred and in no way, the driver of the police jeep was responsible for the accident. However, the tribunal rejected the above said contention of the appellants based on the evidence of PW3, Pachamuthu, an eye-witness and also the evidence of RW1 who was the driver of the motor cycle, at the time of accident, who would depose that the driver of the police jeep alone was responsible for the accident. That apart, the tribunal also pointed out the discrepancies in the FIR which has been filed against the deceased and accepted the contention of the respondents/claimants that the FIR was filed against the deceased as the offending vehicle is a police jeep.