S V DURAIRAJAN Vs. POONJOLAI JANAKI

JUDGEMENT

(1.) THIS civil miscellaneous appeal is directed against the award dated 28. 1. 1999 passed by learned motor Accidents Claims Tribunal (Second additional Subordinate Judge), Trichy in m. C. O. P. No. 1360 of 1996 whereby a sum of Rs. 2,52,000 was awarded as compensation to the claimants therein, for the death of one Arumugam, the husband of the claimant No. 1 and father of the other claimants. The said amount was directed to be paid by the owner and insurer of the offending vehicle who are the appellants herein with interest at the rate of 12 per cent per annum from the date of claim till realization and proportionate cost.

(2.) IT was the case of the respondents-claimants before the Tribunal that one arumugam, the husband of the respondent-claimant No. 1 was knocked down by the lorry bearing registration No. TMT 7279 on 22. 5. 1996 at about 5. 30 p. m. , while he was trying to cross the road near thuvaakudi in his TVS-50 moped. The further contention of the respondents-claimants before the Tribunal was that the deceased proceeded in the direction of west to east and was trying to cross the road at the place of accident; that the above said lorry which also came in the very same direction was driven by its driver at a high speed with rashness and negligence and that due to such reckless driving of the lorry by its driver, same hit the deceased as a result of which, he died on the spot instantaneously. The further contention of the respondents-claimants before the Tribunal was that the deceased was a businessman running an industrial establishment in the name of "subramaniam Industries" in which contract works for the boiler company had been undertaken; that the deceased was having an annual income of Rs. 1,25,000; that the respondents-claimants, wife and children of the deceased, suffered loss of support and dependency due to the death of the deceased in the accident and hence were entitled to claim compensation from the appellants; that as per the assessment of the respondents-claimants, they were entitled to recover a sum of Rs. 4,00,000 with future interest and costs from the appellant-respondent No. 1 in his capacity as the owner of the offending vehicle and that the respondent No. 2 being the insurer of the offending vehicle at the relevant point of time was liable to shoulder the liability of the insured, namely, the owner of the offending vehicle (appellant No. 1)and make payment of compensation on behalf of the appellant-respondent No. 1.

(3.) IN support of the above said contentions made in the claim petition, the respondents-claimants examined two witnesses as PWs 1 and 2 and relied on three documents marked as Exhs. Al to A3.