SYNOPSIS : The appellant has failed to prove that the deceased was driving the vehicle negligently and that the notional income fixed by the Tribunal is incorrect.
When the deceased was driving his ambulance van bearing Registration No.TN 37-CQ-7072 in Kovai to Neelambur L&T bye pass road in the from North toward South, a container lorry bearing Registration No.AP-16-TA-6479 belonging to the sixth respondent and insured with the appellant came in the opposite direction in a rash and negligent manner and dashed against the ambulance van causing an accident. Due to which, the ambulannce driver died on the spot of accident.
The Tribunal awarded a sum of Rs.37,91,400/- as compensation to the claimants of the deceased along with interest at 7.5% p.a. from the date of petition till the date of realization with costs and directed the appellant to deposit the amount.
Negligence by Deceased - The deceased is an ambulance van driver who drove vehicle at over speed and dashed against the container lorry insured with the appellant.
Notional Income - The claimants did not examine the employer of the deceased for the salary certificate was marked, however, the Tribunal has decreed the claim petition by fixing a sum of Rs.17,000/- per month as the notional income of the deceased.
Claimants examined the P.W.2 for the negligence aspect, but, the appellant did not examine any independent eye witness for questioning the negligence aspect.
A sum of Rs.17,000/- per month as the notional income of the deceased, which need not be interfered with.
High Court dismissed the Appeal petition by appellants and holds award of the Motor Accident Tribunal by mentioning that tribunal has considered all the factual aspects before awarding the compensation, which is just and reasonable. So the same warrants no interference.
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