T.KRISHNAVALLI,J. - (1.) Challenge made in this appeal is to the award passed by the Motor Accident Claims Tribunal (District Judge), Kanyakumari @ Nagercoil.
(2.) The brief facts of the case are that on 07.10.2007 at about 3.00 am, when the deceased Maria Veronicalisay had engaged in a tour programme from her school at Srivilliputhoor to Kanyakumari along with other teachers and some students in the Maxi Cab Van bearing registration No.TN-57-U-8046 and the Vehicle was proceeding on the south of Manoor to Sankarnkovil main road, it was capsized and due to which, the deceased Maria Veronicaliosy sustained fatal injuries and immediately after the accident, she was brought to Sakthi Hospital, Tirunelveli and thereafter, she was brought to the Government Hospital, Tirunelveli and thereafter, she was admitted in the Meenakshi Mission Hospital at Madurai as inpatient till 03.11.2007 and in-spite of better treatment, she died on 03.11.2007. The claimants, who are the husband, daughters and son of the deceased, sought compensation of Rs. 25,00,000/- on the ground that the driver of the vehicle was responsible for the accident.
(3.) The claimants have further stated that at the time of the accident, the deceased was working as a Teacher in Sacred Heart Girl's Higher Secondary School, Srivilliputhur and thereby, she was earning Rs. 27,089/-/- per month. A criminal case in Crime No.214 of 2007 was registered by the Manoor Police Station under Sections 279 and 337 of IPC against the driver of the vehicle.;