C.B. SHANKAR Vs. MANAGING DIRECTOR, METROPOLITAN

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation of Rs.18,40,000/- awarded by the Tribunal in M.C.O.P.No.4098 of 2009 (30.11.2010) on the file of Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes), Chennai for the death of deceased C.S.Murali in a road traffic accident on 12.11.2009, the Claimants have filed C.M.A.No.2081 of 2011.

(2.) Brief facts are that on 12.11.2009 at about 1.55 P.M., deceased Murali was riding his bicycle in K.H.Road near Easwaran koil street junction from Easwaran koil street to Konnur road from south to north. At that time, the bus bearing registration No.TN-01 M 5322 belonging to the Respondent-Transport Corporation driven by its driver from east to west in a rash and negligent manner dashed against the bicycle. Due to the impact, Murali fell down and sustained grievous injuries. Immediately after the accident, Murali was taken to KMC Hospital and he died on the way to the hospital. Regarding the accident, a criminal case in Crime No.406/AS3/2009 under Sections 279 and 304(A) of K4 Anna Nagar Police Station was registered against the Respondent-Transport Corporation bus driver. At the time of accident, deceased Murali was working as Technician Grade III in Wagon Shop, Southern Railway, Chennai and was earning Rs.15,000/- per month. Alleging that the accident was due to rash and negligent driving of the bus driver, Claimants who are parents, son and daughter of the deceased have filed Claim Petition claiming compensation of Rs.30,00,000/-.

(3.) Resisting the Claim Petition, Respondent-Transport Corporation has filed the counter contending that on 12.11.2009, the driver of the bus took his trip from Ayanavaram to Koyambedu. At that time, rider of the bicycle rode the same in an unbalance speed on the main road and the accident was due to the fault of the deceased and that the Respondent-Transport Corporation is not liable to pay compensation to the Claimants. Respondent-Transport Corporation also denied age, occupation, monthly income of the deceased and that the compensation claimed is excessive.