MANAGING DIRECTOR Vs. KUNJUNJAMMA MATHEW

JUDGEMENT

(1.) Being aggrieved by the quantum of compensation of Rs.17,70,000/- awarded by the Tribunal to the claimants for the death of one P.G.Mathew, the State Transport Corporation has filed this appeal.

(2.) The brief facts are that on 19.05.2001 at about 5.20 p.m., when the deceased Mathew was proceeding in his motorcycle on the Periyar Main Road from north to south, near Sri Devi Vilas Stores, Kovilpathu, the lorry bearing Registration No.TML 5083 driven by its driver in a rash and negligent manner, dashed against the deceased. In the accident, the deceased sustained severe injuries on his head and multiple injuries all over the body and his vehicle was also completely damaged. Immediately after the accident, the deceased was taken to Government Hospital, Karaikal, where he succumbed to injuries. A criminal case was registered in Crime No.52 of 2001 for the offence under Section 304 (A) I.P.C. The deceased was aged 58 years at the time of accident. The deceased was working as an Assistant Executive Engineer (C&M), Oil and Natural Gas Corporation Limited and earning a sum of Rs.33,902.46 per month as salary. The deceased was an Ex-service man and he was also drawing pension of Rs.2,999/- per month. He was also an income tax assessee. Alleging that the accident was due to the rash and negligent driving of the driver of the appellant-Transport Corporation, the claimants have filed claim petition under Sections 140 and 166 of the Motor Vehicles Act, claiming compensation of Rs.30,15,000/- (restricted to Rs.25,00,000/-).

(3.) In the Tribunal, on behalf of the claimants, first claimant examined herself as P.W.1, the Personnel and Administration Officer of O.N.G.C. was examined as P.W.2 and one Maran was examined as P.W.3. and Exs.P1 to P11 were marked. On the side of the appellant-Transport Corporation, the driver was examined as R.W.1.