S PUSHPAM Vs. P VELU

JUDGEMENT

(1.) THE appeal is preferred by the claimant against the award dated 14.05.2002 made in MCOP No.60 of 2002 by the Motor Accident Claims Tribunal (Additional District Judge, Fast Track Court No.IV), Erode.

(2.) BACKGROUND facts in a nutshell are as follows: The deceased-Sekar met with a motor vehicle accident that took place on 05.09.1999 at about 6.20 p.m. The deceased-Sekar was proceeding in his bicycle from South to North to reach Kalingarayanpalayam to purchase tea stall commodities. When he was nearing Commercial Tax Check Post, the bus, which came in the opposite direction, bearing registration No.TN-33-N-0580 belonging to the second respondent driven by the first respondent in a rash and negligent manner, dashed against the bicycle. Due to which, the deceased sustained fatal injuries and died on the spot. The claimants are wife, three minor children and father of the deceased. They claimed a sum of Rs.7,91,500/- but restricted their claim to Rs.5,00,000/- as compensation before the Tribunal. The second-Transport Corporation resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimants, P.Ws.1 and 2 were examined and documents Exs.P1 to P8 were marked. On the side of the respondents RW1-Velu, the driver of the bus was examined and Ex.R1-copy of judgment was marked to substantiate their claim. P.W.1 is the wife of the deceased. PW2 is one Baskar, who is the neighbour. Ex.P1 is the copy of the First Information Report. Exs.P2 and P3 are the copy of the report of charge sheet. Ex.P4 is the copy of the observation mahazar. Ex.P5 is the copy of rough sketch. Ex.P6 is the copy of the Motor Vehicle Inspector's report. Ex.P7 is the copy of post mortem report. Ex.P8 is the copy of the legal heirs certificate. After considering the above oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to rash and negligent driving of the driver of the bus/first respondent and the appellants/claimants are entitled to any compensation and the finding is based on valid materials and evidence.