NATIONAL INSURANCE CO LTD Vs. AMUTHARANI

JUDGEMENT

(1.) THIS civil miscellaneous appeal has been filed by the appellant/3rd respondent against the Judgement and Decree made in M. C. O. P. No. 249 of 2003, on the file of the Motor Accidents Claims Tribunal, Principle District Court, Coimbatore, dated 30. 04. 2004, awarding a compensation of Rs. 12,00,000/- together with interest at the rate of 9% from the date of claim petition till the date of payment of compensation.

(2.) THE appellant/national Insurance Company Ltd. , has filed the above appeal seeking to set aside the Order stating that the Tribunal has fixed the earnings of the deceased as Rs. 7,577/- P. M. ignoring that the net salary of the deceased on record was only Rs. 5,047/- P. M. Further, even if the salary has been taken as Rs. 7,577/- P. M. the Tribunal has erred in not deducting 1/3rd share from this for personal expenses of deceased and as such the compensation awarded has been based on erroneous calculation and the compensation given under various heads are also excessive and not inconsonance with evidence on record. As such, the appellant has prayed for re-consideration of quantum of compensation awarded.

(3.) THE short facts of the case are as follows: on 27. 10. 2002 at about 16. 45 hours, when the deceased was driving the motorcycle bearing registration No. TN 38 L 9778 from Mettur to Coimbatore along with his son Prabhakaran near Tamil Nadu College of Engineering, on the Coimbatore to Avanashi Main Road and as the motorcycle was proceeding from East to West on the leftside of the road with minimum speed and great caution, the first respondent drove the bus bearing registration No. TN 33 Q4259 from West to East direction with great speed and without care and caution and without blowing horn and dashed against the motorcycle. Due to the accident, the deceased Rajendran and his son Prabakaran sustained total injuries over their body and both of them died on the spot. Autopsy was conducted at CMC Hospital, Coimbatore. The accident was solely due to the rash and negligent driving of the first respondent. The Kammathampatti Police has registered a criminal case against the first respondent under Sections 279 and 304 (a) I. P. C.