NEYVELI LIGNITE CORPORATION LTD Vs. SAROJA

JUDGEMENT

(1.) Being aggrieved by the award of compensation of Rs.14,15,280/- for the death of Chandrakasan in the road traffic accident on 20.06.2001, the insured - Neyveli Lignite Corporation Limited and the insurer - Oriental Insurance Company have filed this appeal.

(2.) The deceased Chandrakasan was working as Operator Grade II B in Neyveli Lignite Corporation Limited. The brief facts are that on 20.06.2001 at about 8.45 hours, when the deceased Chandrakasan was travelling as a pillion rider on the TVS 50 bearing Registration No.TN 31 T 4140 along with one Raju from Mantharakuppam to Neyveli Township, near Thandavankuppam, the Fire Service Lorry belonging to the first appellant bearing Registration No.TCF 2106 driven in a rash and negligent manner came behind and hit against the TVS 50. In the accident, the deceased sustained grievous injuries. Immediately after the accident, he was admitted in N.L.C. Hospital, Neyveli and thereafter, he was referred to Apollo Hospital, Chennai. But on the way to hospital, he died and the postmortem was conducted at Government Hospital, Panruti. A criminal case was registered in Crime No.152 of 2001 on the file of Neyveli Thermal Police Station against lorry driver for the offence under Sections 279, 337 and 304(A) I.P.C. The deceased was working as Grade II B Operator in Mines-II, Neyveli Lignite Corporation Limited and earning a sum of Rs.12,000/- per month. The deceased was also an income tax assessee. After the death of Chandrakasan, the family of the deceased is deprived of his contribution to the family. The wife and sons of the deceased have filed a Claim Petition in M.C.O.P.No.474 of 2001, claiming compensation of Rs.25,00,000/-. Denying the rash and negligent driving of the Fire Service lorry and also raising objections to the quantum of compensation, the second appellant- insurance company has filed the counter.

(3.) To substantiate the case, the first claimant/wife of the deceased examined herself as P.W.1. The Manager of Personnel Department in Neyveli Lignite Corporation was examined as P.W.2 and rider of TVS 50 was examined as P.W.3. On the side of claimants, Exs.P1 to P11 were marked. On the side of respondents, Exs.R1 and R2 were marked and no oral evidence was adduced.