LAWS(MAD)-2012-10-351

MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LTD , TRICHY DIVISION I, TRICHY Vs. SIVAKAMI AND ORS

Decided On October 19, 2012
Managing Director, Tamil Nadu State Transport Corporation Ltd , Trichy Division I, Trichy Appellant
V/S
Sivakami And Ors Respondents

JUDGEMENT

(1.) Since C.M.A.Nos.111 of 2010 & 1072 of 2010 arose out of same road accident and are connected on facts, evidence and on law, they were tagged together, heard together and are being disposed of by this common Judgment.

(2.) The road accident was on 08.04.2002. In this accident, the spouses, Shanmugam and Rani died. Their children Sivakami and Prakash filed M.C.O.P.No.3 of 2003 and M.C.O.P.No.4 of 2003 claiming compensation for the death of their father and mother respectively.

(3.) The Tribunal found that the driver of the third respondent, insured with the fourth respondent, in which, the spouses have travelled and the driver of the appellant were equally responsible for the accident and thus, apportioned the negligence between them equally. In M.C.O.P.Nos.3 and 4 of 2003, it awarded Rs.6,14,000/- and Rs.4,10,000/- respectively and directed the private bus owner, his insurer and the State Transport Corporation to pay them the compensation amounts.