R VASANTHI Vs. C P PRABAKARAN

JUDGEMENT

(1.) These appeals have been filed challenging the award of the Motor Accident Claims Tribunal (I Additional District and Sessions court) Vellore dated 17.02.2017 made in M.C.O.P.No. 271 of 2012. While the appeal in C.M.A.No.1801 of 2017 was filed by the Insurance Company challenging the award on the ground of liability as well as the quantum. CMA.No.697 of 2018 has been filed by the claimants seeking enhancement.

(2.) On 22.05.2012 at about 5:15 PM the deceased was travelling as a passenger in the car bearing Registration No.TN-23-BA-0690 which was driven by the 1st respondent C.P.Prabakaran in a rash and negligent manner hit against the partition wall of the main road and turned turtle. As a result of the accident, the deceased Ranganathan suffered grievous injuries and succumbed to the said injuries. It is also contended that the 1st respondent namely, C.P.Prabhakaran who had driven the car taking advantage of the fact that he suffered only simple injuries gave a false complaint to the police and attempted to escape from the criminal charges.

(3.) The 1st claimant gave a detailed complaint to the police subsequently, narrating the actual events. The claimant contended that the deceased was working as an Assistant Executive Engineer in the Tamil Nadu Electricity Board drawing a salary of Rs.60,000/- per month and the sudden death has caused a great pecuniary loss to the family. The 1st claimant, wife, and the claimants 2 and 3, minor children of the deceased have also lost consortium and love and affection. On the above contentions, the claimants sought for a compensation of Rs.1,68,00,000/-.