JANET SELVAKUMARI Vs. GODAVARI AMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellants/Petitioners, challenging the judgment and decree dated 24.08.2015 passed in M.C.O.P.No.285 of 2012 on the file of Motor Accidents Claims Tribunal, 2nd Additional District and Sessions Judge, Vellore at Ranipet.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. It is a fatal case. The case of the Petitioners is that on 08.05.2010 at about 5.30 p.m., the deceased Absolome was proceeding as Passenger in the 1st respondent bus bearing Reg.No.TN-23-AF-3677 from Kandipedu to Katpadi, while going near Eganatha Reddy Land Bend, due to rash and negligent driving, the driver of the bus lost control and consequently, the deceased was thrown out of the bus suffering multiple fatal injuries resulting in his death on the next day in the CMC Hospital, Vellore. The accident occurred only due to rash and negligent driving of the respondent bus driver. The said bus was insured with the 2nd respondent and as such, the respondents who are the owner and insurer of the vehicle are liable to pay compensation. The deceased was aged 60 years and by working as a cooly was earning Rs.15,000/- per month. The Petitioners who are the wife and sons of the deceased were depending on his earnings and sought Rs.15,00,000/- as compensation from the respondents.

(3.) On the other hand, by filing counter, the 2nd respondent-Insurance company disputes the claim of the Petitioners about the age, avocation and income of the deceased. The 2nd respondent denies the nature of accident as alleged by the Petitioners. The 1st respondent bus was insured only for 55 passengers seated in the bus and there is no coverage for the standee passengers. As the deceased travelled in the bus only as a standee passenger, the Petitioners are not entitled to seek any compensation from the 2nd respondent. The accident occurred not due to the fault of the 1st respondent bus driver but only due to negligence of the deceased. The deceased tried to pick up his bag from the platform while the bus was moving, resulting in loss of balance and he fell down from the bus. There was no negligence on the part of the 1st respondent bus driver. The accident occurred only due to negligence of the deceased. Thus, the 2nd respondnet sought for dismissal of the claim petition.