ANJALAI AMMAL Vs. GANESAN

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellants / Claimants and the learned counsel appearing for the 2nd respondent / Insurance Company.

(2.) It is a case of fatal. The accident is of the year 2003. The deceased was aged about 28 years at the time of the accident. The house of the deceased was on the Thanjavur-Nagapattinam Main Road. According to the claimants, while the deceased was moving on the side of the Thanjavur- Nagapattinam main road at 3.00 a.m. to attend the call of nature, the vehicle, owned by the 1st respondent and insured with the 2nd respondent, had dashed against him and thereby, he was threw away and at that time, PW2, who was running a tea shop nearer to the house of the deceased, saw the accident and took him to the Thanjavur Government Hospital, where he succumbed to the injuries at 5.00 a.m. The Tribunal has come to the conclusion that there is no fault on the part of the driver of the vehicle and thus, awarded a sum of Rs.50,000/- under "No fault liability". The appellants / Claimants have filed this appeal questioning the finding of "no fault liability" and seeking to enhance the quantum.

(3.) The learned counsel appearing for the appellants / Claimants would submit that though PW2 has categorically stated in his evidence that while he was opening the tea shop at 3.00 a.m., the accident had occurred and it was due to the rash and negligent driving of the driver of the first respondent's vehicle and immediately, after the accident, he took the deceased to the hospital. But, without considering the said aspect, the Tribunal has erroneously rejected the evidence of PW2 holding that there is no possibility for opening the tea shop at 3.00 a.m. and that he has not produced any document for running tea shop and thereby, fixed "No fault liability". Thus, he requested this Court to fix the entire liability on the driver of the first respondent's vehicle. He would further submit that before the accident, the deceased was earning a sum of Rs.5,000/- p.m. and therefore, by taking the said income and adopting multiplier method, the award amount may be enhanced.