LAKSHMI Vs. M R GANESAN

JUDGEMENT

(1.) The claimants who were favoured with an award for a sum of Rs. 19,46,861.32 as compensation for the death of one Rajendran, who was the husband of the 1st claimant and father of the claimants 2 and 3, in the motor accident that occurred on 25.01.2012 are the appellants.

(2.) According to the claimants, when the deceased who was working as a Telecom Technical Assistant in BSNL, Tiruchengode Town, was riding a two wheeler bearing Registration No.TN.34.3930 on the extreme left side of the road near Sengoda Gounder Complex, the bus bearing Registration TN 34 K 5895, belonging to the 1st respondent and insured with the 2nd respondent Insurance Company, which was driven in a rash and negligent manner by its driver dashed against him, resulting in grievous injuries to the said Rajendran. Despite treatment the said Rajendran died on the next day at about 6 a.m. Terming the negligence on the part of the driver of the bus as the cause for the accident, the claimants sought for a compensation of Rs. 70,00,000/-. The 1st respondent owner of the bus remained ex-parte before the Tribunal.

(3.) The 2nd respondent, the insurer resisted the Claim Petition contending that the accident occurred due to the rash and negligent driving of the deceased and hence the Insurance Company is not liable to pay the compensation. The age, educational qualification and the monthly income of the deceased were also disputed by the Insurance Company, apart from contending that the overall compensation claimed is excessive.