M CHAKRAPANI Vs. T VASANTHA

JUDGEMENT

(1.) BEING aggrieved by the award of compensation of Rs.7,77,500/- for the death of Thillai Govindan, who died in a road traffic accident on 24.06.1998, the injured and the Insurance Company have filed this appeal.

(2.) BRIEF facts which are necessary for disposal of these appeals are as follows: - On 24.06.1998 at about 8.15 a.m., while the deceased Thillai Govindan was travelling in the bus belonging to the State Transport Corporation bearing Registration No.TN 32 N 1026 from Varakalpet to Panruti at Andipalayam, lorry bearing Registration No.TMH 5067 belonging to the 1st respondent came in the opposite direction at a very high speed and hit against the bus in which the deceased was travelling. In the accident, Thillai Govindan and ten others died on the spot. Several other passengers sustained injuries. The driver of the bus also died on the spot. Alleging that the accident was due to rash and negligent driving of the lorry, wife and sons and daughters of deceased Thillai Govindan filed claim petition under Section 166 M.V.Act, claiming compensation of Rs.15,00,000/-.

(3.) CHALLENGING the impugned Order, on behalf of the appellants, two fold contentions are raised : Firstly on negligence and secondly on quantum. The learned Counsel for the Appellants submitted that when PW-2 has deposed that both vehicles are responsible for the accident, the Tribunal erred in fixing the entire liability upon the lorry driver and the Tribunal ought to have apportioned the negligence on the bus driver also. It was further submitted that the Tribunal has not properly analyzed the evidence adduced by the appellants to establish contributory negligence on the part of the bus driver. Insofar as quantum, it was submitted that the monthly income of the deceased taken at Rs.6,000/- is very much on the higher side and the total compensation of Rs.7,77,500/- awarded is excessive and the same is to be considerably reduced.