MANAGING DIRECTOR Vs. MYTHILI

JUDGEMENT

(1.) The Tamil Nadu State Transport Corporation Limited has filed C.M.A.No.4861 of 2019 aggrieved by the Award of the Motor Accidents Claims Tribunal, Dharmapuri dtd. 21/3/2019 in M.C.O.P.No.739 of 2016 in and by which, the claim made by the respondents herein in the MCOP, for compensation towards the death of one Kumar in the motor accident, was partly allowed by awarding a total sum of Rs.83,47,120.00 (Rupees eighty three lakhs forty seven thousand one hundred and twenty only). The respondents/ claimants have filed cross objections in Cross.Obj.No.16 of 2020 being not satisfied with the compensation awarded stating that the award is on the lesser side. As such, both the appeal and cross objection are taken up together and disposed of by this common judgment.

(2.) The case of the respondents/ claimants is that one Kumar is the husband of the first claimant, father of the second claimant and son of the third and fourth claimants. In the year 2016, the said Kumar was aged 33 years. He was having a M.Sc and a M.Phil degree in Chemistry and was working as Assistant Manager -Technical (Industry) with M/s.Exide Industries, Hosur. While so, on 3/4/2016, when he was waiting at the Salem New Bus stand to board a bus to Hosur, the bus bearing registration number TN 32 N 3750 was driven rashly and negligently in the reverse direction by the driver, without noticing the deceased on the rear side and as a result of which, the deceased was caught between the offending bus and yet another bus which was standing behind and he was crushed to death. Hence, the claim petition was filed claiming a total sum of Rs.2,00,00,000.00 (Rupees Two Crores only) as compensation.

(3.) The claim was resisted by the appellant Corporation on the ground that it was only the fault of the deceased as well as the other bus which came and suddenly stopped at that place and merely because the driver of the offending bus took him to the hospital on humanitarian consideration, a complaint was lodged in his absence by the conductor of the other bus in a malafide manner and based on the said complaint, the present claim petition is filed.