S CHANDRA Vs. PALLAVAN TRANSPORT CORPORATION

JUDGEMENT

(1.) Ia is allowed

(2.) Special Leave granted.

(3.) While travelling in the bus owned by the respondent-corporation, on 1/11/1979, Sundaravaradhan fell out of the bus and died as a consequence of the injuries sustained by him. Appellant 1, in the appeal herein, is the widow of the deceased and the other appellants are his children. The appellants in their claim application before the Motor Accident Claims tribunal claimed Rs. 1 lakh as compensation. The tribunal allowed the application and awarded Rs. 75,000. 00. The respondent-corporation went in appeal before the High court against the order of the tribunal. The High court upheld the finding of the tribunal that Sundaravaradhan fell out of the bus due to the negligence on the part of the driver of the Corporation but on the basis of perverse reasoning reduced the compensation to Rs. 48,680. 00. The claimants have challenged the judgment of the High court in this appeal.