THE MANAGING DIRECTOR METROPOLITAN TRANSPORT CORPORATION LTD PALLAVAN HOUSE ANNA SALAI CHENNAI 2 Vs. PADMAVATHY

JUDGEMENT

(1.) Challenge in this Appeal, is to the judgment and decree made in M.C.O.P.No.1188 of 2011, dated 9/9/2014, on the file of the Motor Accident Claims Tribunal (II Court of Small Causes), Chennai 1, by which the Tribunal, after holding that the driver of the appellant Corporation was negligent in causing the accident, which resulted in the death of one Krishnamoorthy, awarded compensation of Rs.13,21,600/- with interest, at the rate of 7.5% p.a., from the date of claim.

(2.) Short facts leading to the appeal are that on 3/12/2010, at 2.45 p.m., when Krishnamoorthy, was travelling as a passenger in a bus owned by the Metropolitan Transport Corporation Limited, bearing Registration No.TN01N-5333, from Perambur Barracks Road to Strahans Road, proceeding from South to North direction, opposite to Kohinoor hotel, the driver of the bus, drove the same in a rash and negligent manner and when he suddenly turned towards West, Krishnamoorthy, who was standing inside the bus, near the front exit, was thrown out from the bus, fell on the road and the back wheel of the bus ran over on him. Four days later, he died on 7/12/2010 in the hospital. A case in crime No.665/P3/10 has been registered against the driver of the bus, on the file of the Inspector of Police, Kilpauk Traffic Investigation, Chennai.

(3.) Wife, two sons and mother filed M.C.O.P. No.1188 of 2011, claiming compensation of Rs.15 lakhs.