SAROJA Vs. VIJAYALAKSHMI

JUDGEMENT

(1.) This appeal has been filed by the appellants/claimants against the award dated 28.02.2014 made in M.C.O.P.No.206 of 2012, questioning the findings rendered by the Motor Vehicles Accident Claims Tribunal (Principal District Court) at Perambalur, in fixing 30% negligence on the part of the deceased Seenuvasan @ Srinivasan.

(2.) The brief facts, which are necessary to decide the issue involved in this appeal, are as follows_

(3.) The Tribunal, after analysing the entire evidence adduced on either side, has rejected the evidence of P.W.2, who was an eye witness to the accident, and by relying upon Motor Vehicle Inspector's Reports (Ex.R.1 & Ex.R2), has come to the conclusion that the nature of damages caused to the vehicles noted in the MV Reports would show that the accident was the result of the head on collision. Thus, the Tribunal has fixed 30% negligence on the part of the deceased and 70% negligence on the part of the driver of the lorry. Thereafter, the Tribunal has calculated the compensation under the head of loss of income and arrived at a sum of Rs.37,85,040/- and thereafter, deducted 30% amount towards contributory negligence and 10% amount towards income tax and awarded a sum of Rs.23,84,575/- under the head of loss of income to the family. That apart, the Tribunal has awarded a sum of Rs.1 lakh for loss of consortium, a sum of Rs.40,000/- for loss of love and affection, a sum of Rs.5,000/- for transportation, a sum of Rs.10,000/- for loss of estate and a sum of Rs.5,000/- for funeral expenses. Thus, the Tribunal has passed an award for a total compensation amount of Rs.25,44,575/- (rounded off to Rs.25,45,000/-).