SECRETARY HOME DEPARTMENT Vs. SHEELA

JUDGEMENT

(1.) THE Civil Miscellaneous Appeals are filed against the Judgment and Decree dated 09. 03. 2005 made in MCOP Nos. 95 of 2001 and 96 of 2001 on the file of the Motor Accidents Claims Tribunal (Sub Court), Sankagiri.

(2.) BACKGROUND facts in a nutshell are as follows:-On 16. 03. 2000 at 5. 00 p. m. , the claimant Sheela in CMA No. 1845 of 2007 along with her husband Moorthy @ Krishnamoorthy, were going to a condolence at Salem in a Yamaha Motorcycle bearing Registration No. MP 04 R 7003. On the way to Salem near Avarangampalayam Aircel Tower, a TCM Toyota Van bearing Registration No. TN 37 G 0291 came from the opposite side and dashed against the Yamaha Motorcycle, due to which, the said Krishnamoorthy along with Sheela fell down on the road. Both of them sustained grievous injuries all over their body. Immediately they were admitted in the Government Hospital at Sankari. Later, they were referred to Erode Govt. Hospital. On the way to Erode, the said Krishnamoorthy died. MCOP No. 95 of 2001 (CMA No. 1845 of 2007) was filed by the wife of the deceased on the ground that she sustained injuries, wherein a compensation of Rs. 5,00,000/- was claimed. MCOP No. 96 of 2001 (CMA No. 1846 of 2007) was filed by the wife, minor son and mother of the deceased, wherein a compensation of Rs. 10,00,000/- was claimed. The appellants / State resisted the claims. On the pleadings, the Tribunal framed the following issues:-

(3.) LEARNED Govt. Advocate appearing for the appellants / State submitted that the Tribunal is wrong in holding that the accident had occurred due to the rash and negligent driving of the van driver belonging to the State. It is also submitted that the Tribunal had awarded excessive and exorbitant compensation, without basis and justification in both these appeals and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside.