BALAMANOHARI Vs. VENKATESWARA COLLEGE OF ENGINEERING

JUDGEMENT

(1.) All these Civil Miscellaneous Appeals arise out of the Judgment and Decree dated 20.03.2013 passed in MCOP No. 336 of 2007 on the file of Chief Small Causes Judge/Motor Accidents Claims Tribunal, Chennai. By the said decree and Judgment dated 20.03.2013, the Tribunal awarded a sum of Rs.17,10,000/- as compensation payable to the claimants 1 and 2 with proportionate costs and interest at the rate of 7.5% per annum payable by the respondents 1 and 3 in the Claim Petition.

(2.) For the sake of convenience, the parties to these appeals shall be referred to as per their litigative status as 'claimants' and 'respondents' in MCOP No. 336 of 2007 and as arrayed in CMA. No. 3130 of 2013 filed by the claimants.

(3.) The claimants are the parents of the deceased Karthikeyan, According to the claimants, on 09.02006 at about 16.50 hours, the deceased was returning from his college to his house in his two wheeler bearing Registration No. TN-02-B-7652 along with his friend Jegan, who was travelling as a pillion rider. When the two wheeler driven by the deceased was approaching near a Petty shop adjacent to Nazareth College, Avadi, the bus bearing Registration No. TN-63-Z-5533 came in a rash and negligent manner being driven by its driver and hit the two wheeler driven by the deceased from behind. In the impact, the deceased was thrown out of the two wheeler and sustained grievous injuries. Even though the deceased was taken to a near by hospital, he was declared as brought dead to the hospital. According to the claimants, the first respondent - Sri Venkateswara College of Engineering is the owner of the bus from whom the second respondent - Vel Tech College of Engineering had hired the vehicle on contract basis and that the bus was insured with the third respondent - Insurance Company. Therefore, according to the claimants, the respondents 1 to 3 are jointly and vicariously liable for the death of their son Karthikeyan. Thus, the claimants have filed the claim petition against the respondents claiming a compensation of Rs.1 crore.