MANAGING DIRECTOR Vs. K.THIYAGARAJAN

JUDGEMENT

(1.) The appellant-Tamil Nadu State Transport Corporation (Coimbatore) Limited has preferred the present Civil Miscellaneous Appeal against the judgment and decree dated 10.06.2015 passed by the learned III Additional District Judge, III Additional District Court-cum-Motor Accidents Claims Tribunal, Dharapuram in M.C.O.P. No.589 of 2011.

(2.) The learned counsel appearing on behalf of the appellant- Transport Corporation mainly contended that mere registration of FIR against the driver of the appellant-Corporation bus is not sufficient to hold that the driver of the Corporation bus had committed an act of negligence. There is no valid document filed by the claimant to establish the age of the deceased. The Trial Court also failed to consider that the claimant had not filed any acceptable evidence for the purpose of establishing the income of the deceased. Thus, fixing of Rs.7,000/- as monthly income is perverse and unacceptable. Therefore, the Award passed by the Tribunal is to be scrapped.

(3.) The claim petition was filed stating that the deceased was working in a Baniyan Factory at Tiruppur and at the time of accident he was aged about 29 years. The father of the deceased was the first respondent herein and he claimed that at the time of accident, the deceased person was earning Rs.7,500/- per month. The accident occurred near Katteri at Mettupalayam to Ooty Main Road on 16.05.2010 at about 9.00 A.M. Coonoor Town Police Station registered a case in Crime No.84 of 2010 under Section 304-A of IPC. The deceased was riding a Motorcycle bearing Registration No.TN-38-AZ-3597 at the time of accident. On account of the accident, the deceased sustained grievous injuries all over the body. The injured died on the way to the hospital.