A ABDUL KHADAR Vs. V SATHIYAVATHI

JUDGEMENT

(1.) BEING aggrieved by the award of compensation of Rs.6,50,000/- for the death of Vajravelu, insured and the insurer have preferred this appeal.

(2.) BRIEF facts which are necessary for disposal of this appeal are as follows:- Deceased Vajravelu was an agriculturist, said to be cultivating about 4 acres of wet lands. On 05.09.2000 at about 8.55 a.m., Vajravelu was going to Pondicherry in the bus Registration No.TMF 6495. The driver of the bus drove the bus in a rash and negligent manner and dashed against a tamarind tree at TV Malai Road, Sorapet near Priya Granite Co. Ltd., Thirukanoor, Pondicherry. Due to the accident, Vajravelu sustained fatal injuries and died on the spot. After his death, the family members are not able to cultivate the lands. Alleging that the accident was due to the rash and negligent driving of the bus driver, claimants have filed claim Petition under Section 166 M.V.Act, claiming compensation of Rs.10,00,000/-.

(3.) IT is not necessary to narrate the entire facts in detail and as to how the accident has occurred, who was negligent in driving the vehicle and who was liable to pay the compensation. IT is for the reason that these findings are recorded in favour of the claimants and they are not under challenge. In this view of the matter, I do not wish to narrate factual aspects as to the manner of accident.