MANAGING DIRECTOR TNSTC Vs. SRIPRIYA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a Division Bench of the Madras High Court dismissing the appeal under Section 173 of the Motor Vehicles Act, 1988 (in short the Act ) filed by the appellant-Tamil Nadu State Transport Corporation (hereinafter referred to as the Corporation ).

(3.) One Sathyabalan (hereinafter referred to as the deceased ) was the driver of the appellant-Corporation and was travelling in the Corporation bus. The vehicle met with an accident, the driver of the bus tried to avoid collision with a lorry, dashed against the bridge. The wall of the bridge broke and the bus capsized and fell into the river and the deceased who was sitting in the front seat got buried in the sand and died. The respondent i.e. the widow of the deceased, his minor daughter and his parents filed a claim petition before the Motor Accidents Claims Tribunal, Maylladutturai, (hereinafter referred to as the Tribunal ) claiming compensation of Rs. 15,00,000.00. In the claim petition, it was indicated that the monthly salary of the deceased was Rs.6,040.00 and he had agricultural income and was aged about 37 years.