RADHAMANI Vs. S. GANESHAMOORTHI

JUDGEMENT

(1.) This matter is heard through 'Video-conferencing'. The Civil Miscellaneous Appeal is filed challenging the portion of the award fixing 10% contributory negligence on the part of the deceased as well as for enhancement of compensation granted by the Tribunal in the award dated 16.08.2018 made in M.C.O.P.No.338 of 2017 on the file of Motor Accident Claims Tribunal, IV Additional District Court, Erode District at Bhavani.

(2.) The appellants are claimants in M.C.O.P.No.338 of 2017 on the file of Motor Accident Claims Tribunal, IV Additional District Court, Erode District at Bhavani. They filed the said claim petition claiming a sum of Rs.20,00,000/- as compensation for the death of one Manjunathan, who died in the accident that took place on 24.06.2014.

(3.) According to the appellants, on the date of accident, i.e., on 24.06.2014 at about 11.30 a.m., while the deceased Manjunathan was driving a Eicher van from Somanur to Annur Road, near Kittampalayam Nall Road towards North to South direction on the extreme left side of the Road, the 1 st respondent, the driver of the bus belonging to the 2 nd respondent/Transport Corporation drove the same in a rash and negligent manner, dashed against the Eicher van and caused the accident. In the accident, the deceased sustained fatal injuries and died in the hospital. Therefore, the appellants have filed the above claim petition claiming compensation as against the respondents.