THE MANAGING DIRECTOR Vs. TMT. N. JAYAMANI

JUDGEMENT

(1.) It is disheartening to note that a child in the mother's womb, at the time of filing the claim petition, subsequent to her birth, was made as a party to it, which petition was filed seeking compensation for the death of her father, in the accident, which occurred on 31.10.2003.

(2.) A 31 year old Railway Constable, namely, N. Chezhiyan, working in CRPF-Signal II at Chennai, earning about Rs.7000/- per month, while riding his motor cycle, along with one Nagendran, tried to overtake a car, during which time, the bus belonging to the appellant Transport Corporation, coming in the opposite direction, at great speed, driven in a rash and negligent manner, hit the motorcycle, resulting in the death of the said Chezhiyan. Hence, the claim petition was filed.

(3.) The Tribunal, on contest, found that the bus belonging to the appellant Transport Corporation was driven rashly and negligently and directed the appellant to pay a sum of Rs.8,28,000/- as compensation together with interest @ 7.5% per annum. The said award is being challenged before this Court on the question of liability as well as quantum.