COMMERCIAL TAX OFFICER Vs. SINTECH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred along with a petition in M.P.No.3 of 2015 to condone the delay of 332 days. Since the learned counsel appearing for the Transport Corporation has conceded to the award passed by the Tribunal, the main appeal itself is taken up at CMASR stage itself.

(2.) It is a case of fatal. The Respondents being the wife, daughters, minor child and mother have filed the Claim Application Claiming compensation to the tune of Rs.9,00,000.00 by stating that on 10/2/2005, at about 10.15hrs., when the deceased was riding his motorcycle bearing registration No.TN-49-C-9424 along with one Senthilkumar, in Melapanakkattangudi, at that time, the driver of the bus bearing registration No.TN- 49-N-1271, came in a rash and negligent manner at the backside and dashed against the deceased, due to which, the claimant sustained severe head injury and died on the spot. The said claim was resisted by the Appellant/Tamil Nadu State Transport Corporation. According to the claimants, the deceased was working as driver in the Tamil Nadu State Transport Corporation and was earning Rs.6,114.00 per month at the time of the accident. The Tribunal found that only on account of the rash and negligent driving of the driver of the appellant Corporation bus, the accident had occurred and fastened the liability on the Appellant.

(3.) Challenging the quantum of compensation awarded to the claimants, by the Motor Accidents Claims Tribunal, Subordinate Judge, Mannarkudi, made in M.C.O.P.No.197 of 2010, dtd. 30/4/2014, Tamil Nadu State Transport Corporation has preferred this Appeal.