S MURUGAN Vs. SELVI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award passed by the lower Court made in MCOP No.89 of 2001 dated 09.09.2003. The first respondent before the lower Court is the appellant. The claimants before lower Court are the respondents 1 to 4 and the second respondent before the lower Court is 5th respondent in this appeal. 2.The case of the claimants before the lower court is as follows:- i) On 11.09.2000 at about 5.45 hrs. the deceased Mani was walking on the extreme left at Maraimalai Nagar Salai opposite to Thiruvalluvar Bus Stand, Pondicherry. At that time, the driver of the V.M.S.Bus bearing Regn.No.TN-32/B-1122 drove it in a rash and negligent manner in a one way without following the traffic rules of Pondicherry, at the said M.M. Adigal Salai. The driver of the above bus should drive on the southern side road at M.M.Adigal Salai and it is a rule for all vehicles and it is the traffic law of Pondicherry. But the driver of the bus drove the bus at northern side of the M.M.A.Salai against the traffic law of Pondicherry and dashed against the deceased Mani. Due to the said impact, the deceased Mani was thrown away and fell on the road and the rear wheel of the bus ran over his head and consequently the brain came out of his head and multiple grievous injuries were caused on him and he died on the spot itself. The post mortum of the deceased Mani was done at Pondicherry Government Hospital. ii)The accident took place only due to the wrong committed by the driver of the bus who drove the vehicle in one way area in a rash and negligent manner and hit against the deceased and caused him multiple injuries to death on the spot. The first respondent being the owner of the vehicle and the 2nd respondent being the insurer of the vehicle are jointly and severally liable to pay the compensation to the claimants / petitioners. iii)The deceased Mani was hale and healthy before the accident. The deceased Mani was professionally a fisherman and was earning a monthly income of Rs.5,000/-. The petitioners are the legal heirs of the deceased i.e. his wife, one son and two minor daughters and are wholly depending upon the income of the deceased and now the petitioners are starving without daily bread due to the death of the deceased and the petitioners lost their only companionship of the deceased Mani and their future became gloomy and his death caused irreparable loss to the petitioners. iv) The petitioners calculate their claims as follows:- The deceased Mani died at the age of 35 years and he would earn up to his age of 70 years. Therefore, the loss of income of the deceased is worked out as Rs.5000/- X 12 X 35 = 21,00,000/- after deducting 1/3rd amount towards his personal expenses for Rs.7,00,000/- and the remaining amount at Rs.14,00,000/-. THIS amount could be fixed as loss of income to the family due to the death of Mani. v) The petitioners estimated their claim of Rs.14,00,000/- for the sudden death of their sole bread winner, the deceased Mani for their future life, Children's education and status etc., vi) Therefore, the petitioners pray before this Hon'ble tribunal to kindly pass an order directing the respondents to pay the compensation amount with interest and cost of the proceedings and pass such or other orders as it may deem fit and proper in the circumstances of the case and thus render justice. 3. The contentions raised by the second respondent before the lower court would be as follows:-