G VANAJA Vs. ABDHUL HAKKIM

JUDGEMENT

(1.) The petitioners/claimants, being not satisfied with the quantum of compensation awarded by the Tribunal, dated 27.02.2015 made in MCOP.No.18 of 2010 on the file of the Motor Accident Claims Tribunal/Subordinate Judge, Gudiyatham, filed the appeal in CMA.No.1626 of 2015 to enhance the award amount, while aggrieved over the findings of the Tribunal, the second respondent-Insurance Company filed the appeal in CMA.No.1710 of 2015 to set aside the award passed by the Tribunal.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioners is that on 22.04.2009, while the deceased Gopalakrishnan was driving the 3rd respondent bus bearing Registration No.TN-23-N-1902 from Chennai to Pernampet on MBT Road, while going near Avalur Rangeela Hotel, within the Kaveripakkam Police limit, at about 1.30 p.m., a parcel van belonging to the first respondent bearing Registration No.TN-37-BB-5907 insured with the second respondent was proceeding ahead of the 3rd respondent bus and on seeing that the deceased who was driving the 3rd respondent bus was proceeding at minimum speed, but, all of a sudden without any warning signal, the driver of the parcel van suddenly took the vehicle to the left side of the double road in order to park the van on the road side. Due to the sudden left turn taken by the van driver, the deceased, driver of the 3rd respondent bus was unable to control the vehicle and dashed on the back side of the parcel van. Consequently, the deceased bus driver suffered multiple grievous injuries and number of passengers travelling in the bus also suffered injuries. Due to the injuries suffered, the driver of the 3rd respondent bus subsequently passed away in the Government Medical College Hospital, Vellore. The accident occurred only due to the rash and negligent driving of the first respondent parcel van driver. The petitioners state that the deceased Balakrishnan was aged 48 years and was employed as driver in 3rd respondent Transport Corporation earning Rs.10,000/- per month. The petitioners, who are the wife and children of the deceased were depending on the earning of the deceased. Thus, due to the sudden demise of the first petitioner's husband and father of the other petitioners, they have lost the bread winner of the family resulting in loss of income to them. Thus, the petitioners seek a sum of Rs.20,00,000/- as compensation from the respondents 1 and 2, who are the owner and insurer of the offending vehicle.