2018 (3) TMI 1322

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....t Court, Madurai. 2. For the sake of convenience, the parties herein are referred to as per their ranking in the claim petition. 3. The facts of case are as follows: The case of the claimants is that on 25.03.1998, around 10.30 p.m., on Madurai to Mandabam Main Road at Manamadurai in Sivagangai District, near Ashok Petrol Bunk, when the deceased was travelling in the Government jeep bearing Registration No.TN-57G-0126, in which his department officials were also travelling on the said date, while they were returning from Ramnad at night, the driver swerved to negotiate the boulder stone left by someone on the road and suddenly last his control and plunged into the lorry, which was stopped on the right side corner of the road, resultin....

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....He further submitted that the Tribunal has committed an error in not considering the fact that the accident had happened due to the reckless and lethargic attitude of the driver of the Lorry. He further finds fault on the averments in the claim petition and would submit that they have already disbursed some benefits to the family members of the deceased person and would submit further that the lorry driver was also a cause for the accident and hence, he should also be held liable for the contributory negligence and the multiplier applied is excessive and the amount awarded is without any basis and hence, sought for dismissal of the award passed by the Tribunal. Hence, this appeal. 7. Before the Tribunal, PW3, who was working as Deputy Co....

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.... Heard the learned counsel appearing for the appellants and the learned counsel appearing for the claimants 1 to 4 and the learned counsel appearing for the seventh respondent and perused the records. 9. On perusal of the records, this Court finds that from the rough sketch, which was approved in the other MCOP.No.247 of 2000 filed for the claim of the death of the jeep driver, it is apparently clear that the jeep driver was set at fault and the Tribunal has rightly come to the conclusion and fixed the liability on the driver of the jeep and this Court finds that there is no infirmity in the said conclusion. The other aspect insofar as the income of the deceased is concerned, the Tribunal assessed the deceased's age at 50 years and a....