SUBHA Vs. JOSH T KURIYAKOSH

JUDGEMENT

(1.) It is a case of fatal. The manner of the accident is not in dispute. The Tribunal has awarded a sum of Rs. 16,29,000/- as compensation and fixed 10% liability on the deceased and thereby, after deducting 10 % towards liability, the Tribunal directed the 2nd respondent / Insurance Company to pay a sum of Rs. 14,66,100/- to the claimants. This appeal has been filed by the appellants / claimants questioning the liability fixed on the deceased and also seeking to enhance the quantum of compensation awarded by the Tribunal under the head of love and affection.

(2.) The learned counsel appearing for the appellants / claimants would submit that on 01.04.2014, the first claimant gave birth to the 2nd claimant and on coming to know about the birth of the 2nd claimant, the deceased, who is the husband of the first claimant and father of the second claimant, travelled in a two wheeler owned by his relative Shanmugham as pillion rider to go to the hospital and to see his child. On the way to the hospital, at Thanjavur to Pudukkottai Road, near Sundaram Mahal, the first respondent's bus, which was driven by its driver in a rash and negligent manner, hit in the backside of the two wheeler, due to which the deceased has sustained fatal injuries and subsequently, succumbed to the injuries. Though the Tribunal has come to the conclusion that the accident had occurred due to the rash and negligent driving of the driver of the first respondent vehicle, which insured with the second respondent, it has erroneously fixed 10% liability on the deceased holding that the Accident Register has shown that the deceased was under the influence of alcohol. But, the fact remains that the deceased had travelled only as pillion rider and even except such endorsement in the Accident Register, there is no other proof that the deceased was under the influence of alcohol and even if he was under influence of alcohol, as a pillion rider, he cannot be attributed to the negligence. There is also no evidence to show that the rider of the two wheeler was under the influence of alcohol. Thus, he prayed to fix the entire liability on the driver of the first respondent's bus.

(3.) The learned counsel for the appellants / claimants would further submit that the Tribunal has not awarded any sum towards transportation charges and that the Tribunal has awarded only Rs. 1,00,000/- towards love and affection, which is on the lower side. Thus, he requested this Court to enhance the award amount.