PALLAVAN TRANSPORT CORPORATION LTD Vs. GOWRI

JUDGEMENT

(1.) ON 25th January, 1972 at about 9. A. M. one T. V. Subramanian got into a bus belonging to Pallavan Transport Corporation Ltd. at the bus stop near Maharaja Talkies, T. H. Road, Madras, and as there was no sufficient space inside the bus, he travelled standing on the footboard of the bus. The bus after going to a certain distance went to the extreme left side of the road to avoid a lorry coming in the opposite direction and as in that process the bus went very close to a telephone post, Subramaniam was hit by the telephone post and sustained severe injuries, as a result of which he died after two days in the General Hospital. His wife and six children filed a claim petition before the Motor Accidents Claims Tribunal, Madras, for a compensation of Rs. 40,000 on the ground that the accident was caused during the rash and negligent driving of the bus and that as a result of the accident which resulted in the death of the said Subramaniam, they have suffered loss of pecuniary benefit and also loss under other heads, such as, pain and suffering etc. The said claim was resisted by the Pallavan Transport Corporation Ltd., Madras, by putting the claimants to strict proof of their case in their claim petition. The Corporation has also stated that the claim in any event is excessive.

(2.) THE following two points arose for consideration before the Tribunal: (1) Whether the accident resulting in the death of Subramanian was a result of rash and negligent driving of the bus by its driver" (2) What, if any, is the compensation to which the petitioners-claimants would be entitled"

(3.) AGGRIEVED against the findings of the Tribunal on both the above questions, the Pallavan Transport Corporation has come up in appeal before this Court. The claimants, who are respondents in the appeal, have filed a memorandum of cross-objections, seeking enhanced compensation of Rs. 40,000.