SUSILA; THILAGAVATHI; DHANALAKSHMI Vs. MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION; CHOKKALINGAM

JUDGEMENT

(1.) The appellants/claimants filed this civil miscellaneous appeal as against the award and decree dated 28.02.2003 made in MCOP No.132 of 1999 and for enhancement of compensation.

(2.) The appellants/claimants filed claim petition for Rs.3,00,000/- as compensation for death of one Gobinath @ Gopalakrishnan in a motor accident. In the claim petition, it is stated that on 25.04.1998, the deceased and his friends travelled in a van bearing registration No.TN 65 A 1391 belonging to the second respondent. The van was proceeding to Kodaikanal Road from Ramnad. When the van came near Bathlagundu Kodaikanal Road by keeping extreme left, the first respondent transport corporation bus bearing registration No. TN 57 N 1013 was driven by its driver in a rash and negligent manner and driving from opposite side with high speed and without giving any horn and proper light signal, dashed against the van. In the above said accident, the deceased sustained injuries and taken to Government Hospital, Periyakulam, where he succumbed to injuries. It is further stated in the claim petition that the deceased was 20 years old at the time of accident and he was studying and also working as Paper Agent by selling daily newspapers, weekly magazines, and periodicals and earning a sum of Rs.3,000/- per month. The claimants are sisters of the deceased. The deceased was a bachelor and therefore, the claimants claimed compensation of Rs.3,00,000/- from the first respondent transport corporation bus, the second respondent, the owner of the van and the third respondent, who is the insurer of the second respondent vehicle.

(3.) The first respondent transport corporation filed a detailed counter in which they denied the manner of accident stated in the claim petition. According to the first respondent, on the date of accident, the deceased was travelling in the second respondent van bearing registration number TN 65 A 1391 and the above said vehicle was proceeding from Ramnad to Kodaikanal. When the vehicle was nearing Bathlagundu-Kodaikanal road, the driver of the van drove the vehicle in a rash and negligent manner with an uncontrollable speed. The transport corporation bus bearing registration No. TN-57-N-1013 was proceeding with 60 passengers in a normal speed on the Periyakulam to Bathlagundu road and at 10.30 p.m. the second respondent van came on the opposite side in a rash and negligent manner and also in a zig zag manner on the wrong side of the road. On noticing the above said condition, the driver of first respondent bus driver tried his level best to avoid the accident, in spite of it, the accident had happened.