VIJAYARAJA AND ORS. Vs. P.SEKAR AND ORS.

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the appellants/claimants against the award of Rs. 3,20,000.00 (Rupees Three Lakhs and Twenty Thousand only) for the death of one Selvarani, the wife of the first appellant/first claimant, aged about 33 years, stated to be earning about Rs. 6,000.00 (Rupees Six Thousand only), viz., a sum of Rs. 200.00 (Rupees Two Hundred only) per day, in the accident occurred on 09.12.2005, when she was about to get down from the mini bus belonging to the first respondent and insured with the second respondent-Insurance Company, which was started speedily resulting in falling of the deceased and sustaining fatal injuries.

(2.) Heard Mr. P. Pethu Rajesh, learned Counsel for the appellants/claimants and Mr. A. Elango, learned Counsel for the second respondent-Insurance Company.

(3.) The Tribunal, based on the evidence of P.W.2 - eyewitness and filing of the F.I.R - Ex.P.1 against the driver of the mini bus, rightly came to the conclusion that the accident occurred because of the rash and negligent driving of the driver of the mini bus and fastened the liability on the second respondent-Insurance Company.