UNITED INDIA INSURANCE COMPANY LIMITED Vs. REVATHI

JUDGEMENT

(1.) THE appellant/3rd respondent has filed this civil miscellaneous appeal against the judgment and decree passed by the Motor Accidents Claims Tribunal (District Judge), Nagapattinam in M.C.O.P.No.129 of 2004 dated 24.08.2004, in favour of the respondents/claimants, awarding a sum of Rs.2,80,350/- with 9% interest per annum from the date of filing the claim petition till date of payment of compensation.

(2.) THE short facts of the claim petition are as follows- THE first claimant is the wife of the deceased, Radha @ Radhakrishnan, the 2nd and 3rd claimants are minor daughters of the deceased and the 4th and 5th claimants are parents of the deceased. THE deceased was a motor vehicle driver and also a contractor in mosaic work. As such, the deceased was earning a sum of Rs.7,500/- per month. On 15.11.2003, at 4.30 p.m., when the deceased was driving the vehicle namely auto bearing registration No.TN 55 E 8338 on the Velankanni Main Road, the first respondent's bus bearing registration No. TN 49 N0651 driven by the second respondent/driver in a rash and negligent manner with high speed dashed behind the deceased vehicle namely Auto. THE deceased fell down and sustained grievous injuries all over the body. Immediately, he was admitted in the Government Hospital, Nagapattinam wherein he died subsequently. Hence the above mentioned claimants have claimed a total compensation of Rs.7,00,000/- against the respondents.

(3.) BEFORE the Tribunal, on behalf of the respondents/claimants, PW1, the first claimant was examined. On her side, six documents were marked as exhibits Ex.A1 to Ex.A6 namely i) F.I.R, ii) Postmortem certificate, iii)Vehicle inspection report bearing registration No. TN 49 N 0651, iv) Vehicle inspection report bearing registration No. TN 55 E8338, v) Legal heir certificate and vi) School certificate of deceased etc., On the respondents side RW1, one Sahayaraju, driver was examined. No documents were marked on the respondent's side.