MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION (VILLUPURAM) LIMITED Vs. V SATHIYAVANI; VENKATESAN; V KOMATHI; RITA; KARTHICK RAJA

JUDGEMENT

(1.) Being aggrieved by the judgment and decree in M.C.O.P.No.2094 of 2009 dated 01.02.2014 on the file of the Motor Accidents Claims Tribunal, II Small Causes Judge, Chennai, awarding compensation of Rs.17,25,000/- with interest, at the rate of 7.5% p.a., from the date of claim petition i.e., 30.04.2009 till the date of deposit, the Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, has filed this appeal mainly on the grounds inter alia that the Tribunal has erroneously fixed negligence on the driver of the State Transport Corporation bus, thus holding that the Transport Corporation as liable to pay compensation, and in the absence of any documentary evidence, the Tribunal ought not to have fixed the monthly income of the deceased at Rs.10,000/- per month for computing the loss of contribution to the family.

(2.) Caveator is on record.

(3.) It is the case of the respondents/claimants that on 24.04.2009 at 9.40 hours, when the deceased, Kogulraj was standing on G.S.T. Road, near Gas Company, near a Motorcycle opposite to TVS Show Room, Chenglepet, the Transport Corporation bus bearing Registration No.TN-32-N-2549, driven in a rash and negligent manner dashed against the deceased, due to which, he sustained grievous injuries and died on the spot. In this regard, a case in Crime No.238 of 2009, has been registered against the driver of the Transport Corporation on the file of D1 Chengalpet Police Station. Claiming that the deceased was a Diploma Holder cum Electrical Engineer and self employed, the respondents, have filed M.C.O.P.No.2094 of 2009 on the file of the Motor Accidents Claims Tribunal, II Small Causes Judge, Chennai for compensation of Rs.12,00,000/-. According to them, the deceased was earning a sum of Rs.10,000/- per month.