PALLAVAN TRANSPORT CORPORATION LIMITED Vs. DHANALAKSHMI

JUDGEMENT

(1.) Venkatachalamoorthy, J. Pallavan Transport Corporation, being aggrieved by the award passed in M.A.C.T.O.P. No. 691 of 1994 on the file of Motor Accidents Claims Tribunal, Madras, has preferred the above appeal.

(2.) The respondents had a son by name Parthiban. On the fateful day, which was on 9.12.1993 at about 7.30 a.m., when he was crossing Suryanarayana Chetty Street from west to east, the bus belonging to the appellant Corporation, coming from south to north, hit him causing serious injuries and ultimately the said Parthiban succumbed to the injuries. The respondents filed a petition under sections 166 and 140 of the Motor Vehicles Act and rule 3 of M.A.C.T. Rules, contending that the accident took place only because of rash and negligent driving by the driver of the Corporation, who drove the bus in question, viz., TCB 8112 and claimed compensation to the tune of Rs. 3,00,000. In the said petition, they contended that the deceased Parthiban was earning Rs. 150 per day and they made their claims under 4 different heads, viz., (i) loss of expectation of life Rs. 25,000; (ii) mental agony Rs. 20,000; (iii) loss of pecuniary benefits Rs. 2,50,000 and (iv) transportation and funeral expenses Rs. 4,500.

(3.) On behalf of appellant Corporation, a counter statement was filed, disputing the various claims made by respondents- claimants. In the said statement, it is stated that at about 7.30 a.m., the bus was proceeding in Suryanarayana Chetty Street in Kasimedu and that the driver of the bus seeing a man attempting to cross the road stopped the bus immediately, but however, before it came to a halt the front left side of the bus hit the deceased. According to the appellant, the accident occurred only due to the unwise and negligent attempt of the deceased in crossing the road where there is no pedestrian crossing, without observing the bus which was plying very close to him. Alternatively, it is stated that the claim made is highly excessive.