IMPORTANT POINT
The court established that dependents of a deceased in a motor vehicle accident are entitled to compensation for loss of love and affection, alongside proper assessment of notional income.

JUDGMENT :

(R. Sakthivel, J.) :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, praying to allow the appeal and enhance the compensation in M.C.O.P.No.98 of 2019 dated 30.06.2022 on the file of the Motor Accidents Claims Tribunal/I Additional District and Sessions Judge, Cuddalore.)

This Civil Miscellaneous Appeal is directed against the Award dated June 30, 2022 made in M.C.O.P.No.98 of 2019 on the file of 'Motor Vehicle Accident Claims Tribunal/I Additional District and Sessions Judge (FAC), Cuddalore' [henceforth 'Tribunal' for brevity].

2. The appellants herein are the petitioners before the Tribunal. The petitioners filed Claim Petition against the respondents seeking compensation for the death caused by the first respondent's Driver to one Babu S/o. Pachayappan, who is the son of the first petitioner and brother of the second and third petitioners.

Petitioners' case

3. The case of the petitioners is that on September 14, 2018 at about 03.00 hours, the first petitioner's son namely Babu was travelling as a loadman in the first respondent's Eicher Goods Vehicle bearing Registation No.TN-31-BA-2975 from west to east direction, along Cuddalore to Vridhachalam Main Road. While nearing Araskuzhi Eicher Lorry Stop, the driver of the first respondent’s lorry was speeding and driving in a rash and negligent manner. As a result, he collided the Eicher Goods Vehicle with the 3rd respondent's Multi Axle Goods Vehicle bearing Registration No. TN-28-BA-9751, which was coming from the opposite direction. As a result, the Eicher Goods Vehicle capsized, causing the deceased to sustain fatal injuries and die on the spot. Another loadman, Palanisamy also passed away. The deceased - Babu was the sole bread winner of his family and he spent his entire income for the welfare of the petitioners. The 1st and 2nd respondents are the owner and the insurer of the Eicher Goods vehicle respectively. The 3rd and 4th respondents are the owner and the insurer of the Multi Axle Goods vehicle respectively. Both the Respondents are jointly and severally liable to pay compensation to the Petitioners. Petitioners filed a claim petition before the Tribunal seeking a compensation of a sum of Rs.35,00,000/- (Thirty Five Lakhs only) for the death of Babu.

2nd Respondent's case

4. It is stated in the counter filed by the second respondent that the Eicher Goods vehicle bearing Registration No.TN-31-BA-2975 involved in the accident was not insured with them. The driver of the said vehicle had no valid driving license to drive the said vehicle at the relevant point of time. The accident, if at all, must have happened due to the negligent driving of the 3rd respondent's Multi Axle Goods vehicle bearing Registration No.TN-28-BA-9751. The 2nd and 3rd petitioners are not dependants of the deceased - Babu as they were already married, major and living apart. Since the said Babu travelled as an unauthorized passenger, and not as a loadman, the petitioners are required to prove that the driver of the 3rd respondent's Multi Axle Goods Vehicle had valid driving license to drive the Multi Axle Goods vehicle at the relevant point of time. The 2nd respondent claimed that they are not liable to pay any amount by way of compensation and accordingly, sought to dismiss the petition.

4th Respondent's case

5. As per FIR, Charge Sheet and Investigation Report, accident occurred due to the rash and negligent act of the driver of the 1st Respondent's vehicle (Eicher) bearing Registration Number TN-31-BA2975. Only 1st and 2nd respondents are responsible for paying compensation if any award is passed. Hence, this respondent is not liable to pay any compensation. The claim against 4th respondent may be dismissed. The Petitioners are bound to prove the age, income and alleged employment of the deceased - Babu by way of documentary evidence. The petitioners are bound to prove that they are the legal heirs of the deceased by way of legal heir certificate.