MANAGING DIRECTOR Vs. R.ANNAMMAL

JUDGEMENT

(1.) THESE Civil Miscellaneous Appeals are filed by the Tamil Nadu State Transport Corporation Limited, Villupuram against the Judgement and Decree dated 13.7.2006 made in MCOP.Nos.868 and 869/2005 by the learned Subordinate Judge (MACT) Gingee, whereby the Tribunal awarded a sum of Rs.7,60,000.00 as total compensation to the claimants in MCOP.No.868/2005 for the death of the deceased Rajamani, who died in the motor accident that had occurred on 13.10.2003 and a sum of Rs.40,000.00 as total compensation to the injured claimant Natarajan in MCOP.No.869/2005 for the injuries sustained by him in the same accident.

(2.) ON 13.10.2003, when the deceased and the injured claimant were travelling in the TVS-50 Motorcycle towards Narasinganur Village (Gingee to Villupuram main Road), they were hit by the bus bearing Reg.No.TN-32-N-1277 belonging to the Appellant Transport Corporation, as a result of which, they sustained injures and the deceased Rajamani succumbed to the injuries. The deceased Rajamani was a HMV driver and was earning Rs.7500.00 p.m. as income and he was aged 45 years old at the time of the accident. His wife and two sons are the claimants in MCOP.No.868/2005 and the injured is the claimant in MCOP.No.869/2005.

(3.) THE learned counsel for the Appellant Transport Corporation has contended that in so far as the claimants in MCOP.No.868/2005 is concerned, the Tribunal erroneously fixed Rs.6000.00 as monthly income of the deceased without any evidence and also contended that the compensation awarded under other heads is also excessive. On the other hand, the learned counsel for the Respondents/claimants has supported the impugned awards in all respects.