PALLAVAN TRANSPORT CORPORATION LIMITED Vs. SEETHAMMA

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal, preferred by Pallavan Transport Corporation, is directed against the judgment dated 29. 08. 1997 passed by the Motor Accident Claims Tribunal, (V Judge) Court of Small Causes, Chennai in M. A. C. T. O. P. No. 1851 of 1995.

(2.) IN respect of death of one Kondiah in a motor accident that took place on 14. 04. 1995, his legal representatives i. e. brother and sisters filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988, claiming a compensation of Rs. 2,93,390/ -.

(3.) ACCORDING to the claimants, on 14. 04. 1995 at 6. 10 a. m. when the deceased Kondiah was crossing the Parthasarathy bridge opposite to Railway Colony in Thiruvottiyur High Road in West-East direction, a bus bearing Registration No. TML 1613, belonging to the Transport Corporation, driven rashly and negligently in North-South direction, ran over him and he died on the spot. It is case of the claimants that they are the legal representatives of the deceased and they are entitled to receive compensation from the Transport Corporation whose driver is the cause for the accident by his rash and negligent driving. In support of their case, the second respondent/claimant one Srinivasan, an eye-witness to the accident and T. Amaldass, Sub-Inspector of Police (Traffic Wing) were examined as P. Ws. 1 to 3 respectively. As far as documentary evidence is concerned, six documents including First Information Report, copy of draft sketch, Salary Certificate and Death Certificate were marked.