ARUPPUKKOTTAI SRIJAYAVILAS P LTD Vs. LEELAVATHI

JUDGEMENT

(1.) ARUPPUKKOTTAI Sri Jayavilas Private Limited and United India Insurance Co. Ltd. are the appellants herein.

(2.) AGGRIEVED by the award passed by the Tribunal directing the appellant No. 2 to pay the compensation of Rs. 2,77,000 on behalf of the appellant No. 1, the owner of the vehicle, to respondents -claimants for the death of the deceased, the husband of the claimant No. 1, this joint appeal has been presented by both the appellants.

(3.) THE deceased Alagarsamy was the head of the family. He was originally employed as Supervisor in a Land Mortgage Bank at Pudukkottai and he later left the job and took his self -employed agriculture. He was the Chief Organiser in Kanmavar Sangam at Aruppukkottai. He was also the leader of 'Om Sakthi' cult in the local area. He wanted to go to Madurai for booking the tourist bus for the conveyance of the devotees to witness the Adipuram festival at Melmaruvathur Adiparasakthi Temple. On 10.8.1988 at about 8.00 a.m., he boarded the bus at Aruppukkottai Bus Stand to go to Madurai. The bus proceeded with a great speed. While it was approaching the Kalkurichi in a rash and negligent manner, proceeding from south to north hit against the tamarind tree standing on the western side of the road. After the hit, the bus went to the opposite side, i.e., eastern side of the road and hit against the dry tamarind tree and halted.