KARPAGAVALLI Vs. DEVI BUS TRANSPORT

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed challenging the Award dated 29.07.2011 passed in M.C.O.P.No. 461 of 2009 by the Learned Principal District Judge cum Motor Accident Claims Tribunal, Dharmapuri.

(2.) It is the case of the appellants that on 13.07.2008, the deceased Ramesh, [who is the husband of the 1st appellant and father of appellants 2 to 4] was travelling in a bus bearing registration No.TN 29 H 7349. When the said bus was reaching near Desathumariamman Kovil, on the opposite direction, one lorry bearing registration no.TN 45 Y 2639 was driven by its driver in a rash and negligent manner and dashed against each other and due to head on collusion of two vehicles, the said Ramesh had sustained fatal injuries all over his body. At the time of accident, he was aged 35 years, working as a Boiler Incharge in overseas Garments Private Ltd., and earning Rs.10,000/- per month. Since he died in the accident, his dependents, viz., wife and children, appellants herein, have filed a Claim Petition before the Learned Principal District Judge cum Motor Accident Claims Tribunal, Dharmapuri, against the owners of the lorry and bus and insurers of the lorry and bus / respondents herein, claiming Rs.40,00,000/- as compensation.

(3.) Denying the allegations of the appellants/claimants, the second respondent / Insurer company of the bus filed a counter affidavit before the Tribunal, stating that the accident happened only due to the rash and negligent driving of the lorry and that the driver of the bus drove the bus very slowly and therefore, 3rd respondent / driver of the lorry and 4th respondent / Insurer of the lorry is alone liable to pay the compensation to the appellants. However, he pleaded that the driver of the lorry did not possess valid driving licence at the time of accident. Hence, sought for dismissal of the petition with costs.