MUTHIALU AMMAL Vs. VENKATAVARADA REDDIAR

JUDGEMENT

(1.) BEING dissatisfied with the quantum of compensation of Rs.2,65,000/- awarded in M.C.O.P.No.479 of 1992 (21.09.1994) on the file of Motor Accident Claims Tribunal (III Additional District Judge), Pondicherry for the death of Chandrasekaran in the road traffic accident on 16.7.1992, the Claimants have preferred this appeal.

(2.) BRIEF facts are that on 16.7.1992, deceased Chandrasekaran and several other villagers of Thiruvandarkoil assembled for the purpose of making request to the crew of the bus plying enroute Thiruvandarkoil to make a stop at the place called "Rice Mill Stop" for helping the villagers. While the villagers have assembled on 16.7.1992, the bus bearing registration No.PY-01 7337 reached the village at about 19.30 hours. The villagers stopped the bus and some of them were talking to the crew of the bus. As arguments developed, the crew and the persons who got into the bus were in an agitated mood. While being so, the driver of the bus suddenly in a rash and negligent manner moved the bus and hit against the deceased Chandrasekaran, who was standing on the side of the road. Regarding the accident, a criminal case was registered against the bus driver in Crime No.79 of 1992 under Section 304(A) I.P.C. of Thirubuvanai Police Station. At the time of accident, deceased was working as Supervisor in Co-operative Spinning Mills, Thiruvandarkoil, Pondicherry and was earning Rs.2000/- per month. Alleging that the accident was due to rash and negligent driving of the bus driver and that the family has lost the support of the bread winner, Claimants who are wife, son and mother have filed Claim Petition claiming compensation of Rs.21,20,000/-.

(3.) BEFORE the Tribunal, 1st Claimant-Muthaluammal examined herself at P.W.1. Eye-witness Venkatakrishnan was examined as P.W.2. Balakrishna Reddiar, who lodged Ex.A1-complaint was examined as P.W.3. Exs.A1 to A12 were marked. No oral and documentary evidence was adduced on the side of Appellant-Insurance Company.