ARTHANARI Vs. DURAIMURUGAN

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation of Rs.5,04,000.00 awarded by the Tribunal in M.C.O.P. No. 350 of 2011 on the file of the Motor Accident Claims Tribunal, Sankari, the appellants have filed the present Civil Miscellaneous Appeal seeking enhancement.

(2.) Brief facts are that on 14/4/2011, the deceased Thangammal was standing near Koottapalli bus stop at the extreme left side of Erode-Tiruchengode main road. At that time, a car bearing registration No. TN-28 AB 2881 driven by its driver in a rash and negligent manner hit against the deceased. Due to the impact, the deceased fell down on the ground and sustained injuries on her head, right hand finger, right leg and all over the body. After the accident, she was admitted in Government Hospital, Tiruchengode where from the deceased was shifted to Krishna Hospital, Tiruchengode and thereafter, shifted to Lotus Hospital, Erode and succumbed to injuries on 27/4/2011. Stating that the accident was due to rash and negligent driving of the driver of the car, the claimants, who are husband, sons and daughter have filed the claim petition claiming compensation of Rs.10,00,000.00. It is stated that the first respondent is the owner of the offending car and the second respondent is the insurer of the car.

(3.) Denying the accident, the second respondent filed counter stating that driver of the first respondent's car without valid and effective driving licence drove the car involved in the accident. As per the licence issued to him, the driver Ranjithkumar was not authorised to drive the transport vehicle at the time of accident and that the owner of the offending car had committed breach of policy condition. Therefore, the second respondent insurance company was not liable to pay compensation to the claimants. Without prejudice to the contentions, the second respondent denied the age, occupation, monthly income of the deceased and also stated that the compensation of Rs.10.00 lakhs claimed by the claimants was excessive.