TAMIL NADU STATE Vs. KALARANI AND ORS

JUDGEMENT

(1.) This Appeal arises out of award passed by the Motor Accident Claims Tribunal/Subordinate Court, Kulithalai, dated 14.12.2004 made in M.C.O.P.No.48 of 2004 in awarding compensation of Rs.18,04,000/- for the death of R.Gokul Kanna in the road accident on 16.10.2002.

(2.) On 16.11.2002 at about 1.30p.m., when the deceased was riding Hero Honda Motor Cycle bearing Reg.No.TN 45E 9868 from South to north in the Trichy to Chennai bye-pass road at the place near Adaikalaraj Catering College, a bus bearing Reg.No.TN/45/N/1546, which belongs to the appellant Corporation, was coming behind him and dashed the two wheeler due to rash and negligent driving of the bus by its driver. Due to the impact, the deceased sustained multiple grievous injuries all over the body and he died on his way to the hospital. Regarding the accident, a criminal case was registered in Crime No.316/2002 under Section 304-A of the IPC. The deceased Gokul Kanna was working as a Junior Engineer, Grade I, Transform Erection, Tamil Nadu Electricity Board, Collectorate, Trichy and was getting salary of Rs.15,000/- per month.

(3.) Alleging that the accident was due to rash and negligent driving of the bus driver, the claimants - wife and children of the deceased Gokul Kanna filed a Claim Petition claiming compensation of Rs.35,00,000/-.