NITHYA Vs. S.RAVICHANDRAN

JUDGEMENT

(1.) The claimants who are the wife and minor son of the deceased Babu Moan who died in a motor accident that occurred on 1/3/2014 are the appellants. The claimants sought for a compensation of Rs.99,20,000.00 for the death of the said Babu Moan.

(2.) According to the claimants, on 1/3/2014 at about 7.30 p.m., when he was travelling as a pillion rider in a TVS Appachi motorcycle bearing Reg.No.TN-33-AQ-3097 which was driven by his friend Velmurugan on the Nachiappa Raod, near Akilmedu Main Street at Erode, the bus bearing Reg.No.TN-33-N-2080 belonging to the 2nd respondent Corporation driven by its driver in a rash and negligent manner ran over the deceased, who fell down from the motorcycle, thereby causing his instantaneous death. Contending that the deceased was working as Sales Officer in HDB Financial Services, a subsidiary of HDFC Bank Ltd., and earning a sum of Rs.48,000.00 per month the claimants sought for a compensation of Rs.99,20,000.00.

(3.) The claim was resisted by the 2nd respondent/ Transport Corporation contending that the deceased as well as the rider of the motorcycle were under the influence of the alcohol and it was due to the reckless driving of the motorcycle by the 3rd respondent, the deceased fell down from the vehicle and the bus which was following the two wheeler could not stop, despite frantic efforts by its driver. Terming the accident as a result of the driving under the influence of the alcohol, the Corporation contended that it cannot be made liable since there was no negligence on the part of the driver. It was also contended that the driver of the two wheeler did not have driving license at the time of the alleged accident.