MANAGING DIRECTOR Vs. THAVAMURUGAN

JUDGEMENT

(1.) The appellant is the respondent in the claim petition in M.C.O.P.No.6 of 2020, which was filed by the respondents herein, claiming a sum of Rs.25,00,000.00 (Rupees Twenty Five Lakhs Only) as compensation for the death of one Sundareswaran, who is the son of the respondents 1 and 2 and brother of the respondents 3 and 4 in the accident that took place on 17/2/2014.

(2.) According to the respondents / claimants, at the time of accident, the deceased Sundareswaran was working as Conductor in MPTC and A.C. Coach Attender in Southern Railways. On 17/2/2014 at 08.40 p.m., while the said Sundareswaran was riding in motorcycle bearing Registration No.TN 65 K 7724 with one Thuvaragainathan as pillion rider near Meyyampuli Bus Stop, a bus bearing Registration No.TN 63 N 1656, belonging to the respondent, driven in rash and negligent manner, dashed against the motorcycle and caused accident. Due to the said impact, both of them died. The respondent as a owner of the bus, is liable to pay compensation.

(3.) The appellant has filed counter statement and denied its liability to pay compensation on the ground that the said Thuvaragainathan without wearing helmet was driving the motorcycle by speaking with the pillion rider / Sundareswaran. Thereafter, it came to know that they were in drunken mode. Therefore, the accident had occurred due to the rash and negligent driving by the driver of the motorcycle. Therefore, the petition has to be dismissed.