JEBASTIN PUNITHA Vs. S. SELVARAJ

JUDGEMENT

(1.) The appeal has been preferred by the claimants against the award of Rs.19,60,000/- for the death of one Joyal Sowndar Singh aged about 35 years working as a Tourist Bus driver allegedly earning a sum of Rs.24,000/- per month who died in the accident occurred on 25.05.2014, when the deceased was driving the bus bearing registration No.TN-76-P-6036 belonging to Surya Travels from south to north direction at G.S.T.Road, Kallabiranpuram, Madhurantakam and hit by a lorry bearing registration No.TN-21-AY-61292 belonging to the 1st respondent, insured with the 2nd respondent, driven rashly and negligently.

(2.) The appeal is only by the claimants and not by the insurance company. Therefore, the liability fixed is not in question. In any event, the trial Court based on the evidence of PW2, eye witness and filing of the FIR against the driver of the lorry and in the absence of any contra evidence by the insurance company, rightly fixed the liability on the driver of the lorry.

(3.) Ms.Y.Jayanthi Bhaskar, learned Counsel for the appellants would submit that inspite of Ex.P.5, Salary certificate which shows the salary of the deceased as Rs.24,000/-, the tribunal fixed Rs.10,000/- per month which is on the lower side. Further she would submit that the deceased died only one day after the accident and therefore, some amount has to be paid towards Pain and sufferings. 2nd