ORIENTAL INSURANCE CO LTD MADURAI Vs. INDIRA

JUDGEMENT

(1.) THIS appeal arises out of the order passed of the Motor Accidents Claims Tribunal Ramanathapuram at Madurai in M.C.O.P. No. 47/1983.

(2.) THE petitioners in their petition contend as follows: THE first petitioner is the wife and petitioners 2 to 4 are the children to the deceased Thangavelu. Thangavelu aged 37 years was earning a sum of Rs. 1,200/- per month in his business. On 28.2.1981, Thangavelu and four others were proceeding to Madurai in the car belonging to Kanthamani Chellayya. At that, time the bus belonging to the first respondent bearing registration No. TNA 17 was driven in a rash and negligent manner and it came from the opposite side and dashed against the car in which Thangavelu was travelling. Thangavelu died in the accident. THE petitioners who are the dependents, have lost the sole bread-winner and they are unable to do the business carried on by Thangavelu in Hardwares. THE petitioners therefore make a claim for Rs. 1,50,000/- as compensation.

(3.) THE second respondent in their counter have contended that the accident was due to the rash and negligent driving of the car by Thangavelu and the petitioners have to prove the age and income of the deceased Thangavelu. Second respondent has also contended that they are not bound to pay any compensation and the compensation claimed is excessive.