THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, KUMBAKONAM LIMITED Vs. SELVAMANI K. RAJAMANI AND ANOTHER

JUDGEMENT

(1.) The Civil Miscellaneous Appeal filed by the appellant/Transport corporation is directed against the correctness of the impugned award dated 26.04.2016 made in M.C.O.P. No.132/2014 on the file of the Motor Accidents Claims Tribunal, (Chief Judicial Magistrate), Ariyalur, in and by which the Tribunal has awarded a sum of Rs. 17,45,000/- with 9% interest per annum, as against the total claim of Rs. 25,00,000/-. Aggrieved by the impugned award, the Transport Corporation has preferred this appeal.

(2.) According to the claimants, on 27.12.2013 at about 8.30 p.m., while the deceased, namely Ranjitha, who was a student studying second year in A.T.S.V.S. Siddha Medical College and Hospital, Munchirai, Kanniyakumari District, travelling in a bus bearing Registration No.TN 45 N 3016 belonging to appellant/Transport Corporation, from her native village to Kanniyakumari, which was driven in a rash and negligent manner without following traffic rules, dashed against the back side of the lorry bearing Registration No. TN 67 D 3747 and caused accident. Due to the said impact, the said Ranjitha died on the spot itself. The claimants are father and mother of the deceased. They claimed a sum of Rs. 25,00,000/- as compensation. The appellant/Transport Corporation resisted the claim.

(3.) After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the appellant-Transport Corporation and awarded a sum of Rs. 17,45,000/- as compensation payable to the claimants with interest at the rate of 9% p.a. Aggrieved by that award, the appellant-Transport Corporation has filed the present appeal.