MANAGING DIRECTOR Vs. AMSAVALLI AND OTHERS

JUDGEMENT

(1.) Challenge in this appeal filed by the Managing Director, Tamil Nadu State Transport Corporation, is to the finding, fixing negligence on the driver of the appellant-corporation bus, bearing registration No.TN-45-N-2738, and the quantum of compensation of Rs.14,04,000/-, with interest, at the rate of 7.5% per annum, from the date of claim, till deposit, awarded to the wife, and father of the deceased Elayaraja, stated to be 25 years, a Mason, by avocation.

(2.) The case of the respondents/claimants is that on 01.12.2013, about 09.45 a.m., the deceased Elayaraja was riding a TVS XL Super, bearing registration No. TN 61 3389 on Jayamkondam to Mathur Main Road, near Asaveerankudikadu Annai English School, a transport corporation bus, bearing registration No.TN-45-N-2738, driven by its driver, in a rash and negligent manner, dashed against the motorcycle, causing intantaneous death. In this regard, a case in Crime No.161/2013 under Section 304-A of IPC has been registered on the file of Kuvagam Police Station, against the driver of the bus.

(3.) Contending, inter alia, that the driver of the appellant-corporation bus had caused the accident, and that on account of the sudden demise of bread-winner, THE family has lost the earning and put to mental agony and hardship, wife and father of the deceased, have filed M.C.O.P.No.149 of 2014, on the file of Motor Accident Claims Tribunal, Perambalur, claiming compensation of Rs.30,00,000/-, with interest, at 12% per annum, and costs.