MANAGING DIRECTOR Vs. D RADHAMANI AND ORS

JUDGEMENT

(1.) The appellant / respondent has preferred the present appeal against the judgment and decree dated 19.06.2007, made in M.A.C.T.O.P.No.4257 of 1999, on the file of the Motor Accident Claims Tribunal (Small Causes Court No.III), Chennai.

(2.) The short facts of the case are as follows:-

(3.) It was submitted that on 18.11.1997, at about 08.30 hours, when the deceased person, was travelling as a pillion rider in the scooter bearing registration No.TN22 B3381, driven by the brother of the deceased, from Chrompet to Pallavaram and when it was proceeding on G.S.T.Road, near Pallavaram, and when it was passing through the rainwater ditch, the pillion rider lost her balance and fell down. At that time, the respondent's bus bearing registration No.TN21 N0068, which was coming from behind and driven at a high speed and in a rash and negligent manner, ran over the pillion rider of the scooter and as a result of which, she had sustained grievous injuries and died while being taken to the hospital. At the time of accident, the deceased Padmashree was aged 28 years and working as an Executive Engineer in GEC Alstom (India) Ltd., Pallavaram and earning Rs.14,270/- per month. Hence, the claimants had filed the claim petition against the respondent Transport Corporation.