SINDHU ALIAS VEDAPRIYA Vs. SEKAR

JUDGEMENT

(1.) THE above appeals are directed against the award dated 4. 3. 2005 made in M. A. C. T. O. P. No. 3072 of 2001 on the file of the Motor Accident Claims Tribunal (Chief Judge, Small Causes Court), Chennai.

(2.) THE brief facts are stated as hereunder: the impugned accident had taken place on 12. 5. 2001 at about 15. 30 hours in the National Highways near Pond's company, while the Tata Indica Car bearing Registration No. TN 22 L 4389 had a head-on collision with a Tata Sumo car bearing Registration No. TN-04-K-0396, which was coming in the opposite direction, resulted in the death of six persons and two minor children got grievously injured. The legal heirs of the deceased persons and the persons who got injured in the impugned accident have filed separate claim petitions claiming compensation against the owner of the Tata Sumo Car and its insurer, alleging that the driver of the Tata Sumo Car, by name, Sekar, came in a very rash and negligent manner from the opposite direction at a terrific speed endangering public safety, dashed against the Tata Indica car, in which the deceased persons and the injured persons were travelling and caused the fatal accident.

(3.) THE learned counsel appearing for the claimants, with regard to the ground of negligence, vehemently argued that the Tribunal erred in disbelieving the evidence of P. W. 5, which is trustworthy and acceptable and fixing the negligence equally on the drivers of the both vehicles inasmuch as the accident took place only when the driver of the Tata Sumo Car overtook the bus going ahead, resulting in the head on collision with the Tata Indica Car, in which the deceased persons were travelling. The learned counsel for the claimants also assailed the quantum arrived at by the Tribunal stating that the Tribunal erred in adopting 10 as multiplier, since even as per the schedule, the proper multiplier would be 16.