ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. Vs. SUGANTHI

JUDGEMENT

(1.) These Civil Miscellaneous Appeals are directed against the award dtd. 25/2/2015, passed in M.C.O.P.No.118 of 2013, by the Motor Accidents Claims Tribunal/Special District Court for motor accidents claims cases, Krishnagiri.

(2.) The respondents 1 to 3 herein, as petitioners, have filed M.C.O.P.No.118 of 2013 on the file of the Motor Accidents Claims Tribunal, praying to pass an award of Rs.10,00,000.00 due to motor accident happened on 30/8/2011.

(3.) The material averments made in the petition are that the first petitioner is the wife of one Shankar. The remaining petitioners are their children. The said Shankar has served as a driver. On 30/8/2011, during night hours, he has driven a bus bearing registration number TN52-Z-5478 from Dharmapuri to Chennai. The said bus belongs to the third respondent. He has driven the bus cautiously on the extreme let side of the road. At about 3.00 a.m. on 31/8/2011, near Bungalow Medu, the bus has hit a parked lorry bearing registration number TN-70-7004 and the same belongs to the first respondent and insured with the second respondent. Due to accident, a case has been registered in Crime No.410 of 2011 under Ss. 279, 337, 338 and 304[A] of Indian Penal Code. At the time of accident, the said Shankar has attained only 35 years of age. Due to accident, he passed away. He has drawn monthly salary of Rs.25,000.00. The bus which involved in the accident has been insured with the fourth respondent. Under the said circumstances, the present petition has been filed for getting the relief sought therein.