METROPOLITAN TRANSPORT CORPORATION Vs. A NAGARATHINAM

JUDGEMENT

(1.) Challenging the award (06.03.2006) passed by the Motor Accidents Claims Tribunal (III Judge, Court of Small Causes), Chennai, in M.C.O.P.No.5492 of 2003, Metropolitan Transport Corporation filed the civil miscellaneous appeal. Feeling dissatisfied with the compensation awarded by the Tribunal, legal heirs of one deceased Ashok Kumar filed the Cross Objection.

(2.) To avoid confusion, the parties are hereinafter referred to as arrayed in the civil miscellaneous appeal.

(3.) Respondents are the wife, minor son and parents of the legal heirs of deceased Ashok Kumar respectively, who died in a motor accident that had occurred on 24.09.2003 involving the appellant Transport Corporation bus bearing registration No.TN-01-N-3536. They filed a clam petition before the Tribunal that on 24.09.2003, while the said Ashok Kumar was riding a motor cycle bearing registration No.TN-20-A-0167 along with a pillion rider at moderate speed in M.T.H.Road from Ramapuram towards Avadi, the appellant Corporation bus came in a rash and negligent manner from the opposite direction at hectic speed in wrong side of the road and hit the motor cycle and as a result of which, the rider of the two wheeler was thrown out and he succumbed to the injuries. The pillion rider also died due to the injuries sustained by him. Since the accident had occurred due to rash and negligent driving of the driver of the appellant Corporation bus, respondents made a claim as against the appellant for a sum of Rs.40,00,000/- as compensation stating that the deceased was the proprietor of two companies, namely, M/s.Ashok Enterprises and M/s.Ashok Security Services and thus, earning Rs.20,000/- and Rs.10,000/- per month respectively. Apart from that, he was doing agriculture operation and earning Rs.5,000/- per month. Hence, they claimed Rs.37,50,000/- towards loss of pecuniary benefits and Rs.2,50,000/- under different conventional heads, totalling to Rs.40,00,000/-.