NATIONAL INSURANCE CO. LTD Vs. SUSEELA

JUDGEMENT

(1.) BEING aggrieved by 90% negligence and liability fastened upon the bus bearing registration No.TN 36 L 7679 insured with Appellant Insurance Company and also quantum of compensation of Rs.14,50,000/ awarded for the death of Murugesh @ Murugesan in a road traffic accident on 13.5.2008, the Appellant Insurance Company has filed the appeal.

(2.) BRIEF facts are that on 13.5.2008 deceased Murugesh @ Murugesan was riding Hero Honda motorcycle bearing registration No.TN 30 R 3966 on Sankari Bhavani Main Road, towards Bhavani along with pillion rider. At about 6.45 P.M., when he was nearing Veeramathi Lathe Workshop at Mekkadu, the bus bearing registration No.TN 36 L 7679, owned by the 5th Respondent and insured with the Appellant Insurance Company driven by its driver in a rash and negligent manner and dashed against the motorcycle. Due to the impact, Murugesh @ Murugesan sustained grievous injuries and died on the spot and the pillion rider Kozhi @ Nagaraj sustained injuries. Regarding the accident, a criminal case was registered against the bus driver in Crime No.417 of 2008 under Sections 279, 337 and 304(A) of I.P.C. of Sankari Police Station. At the time of accident, deceased Muruesh @ Murugesan was working as Work Assistant in Maga Nagar Telephone Nigam Limited, Mumbai (Government of India Enterprises) and was earning Rs.15,000/ per month. Alleging that the accident was due to rash and negligent driving of the bus driver, the Claimants who are wife, sons, minor daughter of the deceased have filed Claim Petition claiming compensation of Rs.20,00,000/ .

(3.) IN the same accident, the pillion rider – Kozhi @ Nagaraj sustained injuries and he filed M.C.O.P.No.287 of 2008. In the Tribunal, M.C.O.P.No.276 of 2008 and 287 of 2008 were taken up together and joint trial was conducted. Before the Tribunal, the pillion rider/eye witness – Kozhi @ Nagaraj was examined as P.W.1. 1st Claimant – Suseela examined herself as P.W.2. Dr.Krishnamurthy, who treated injured P.W.1 and issued Ex.P20 disability certificate was examined as P.W.3. Exs.P1 to P22 were marked on the side of Claimants. On the side of Appellant Insurance Company, the then Manager of Appellant Insurance Company viz., Mohan was examined as R.W.1. The driver of the bus was examined as R.W.2. Exs.R1 to R6 were marked.