THE TAMIL NADU STATE TRANSPORT CORPORATION LTD., REP. BY ITS MANAGING DIRECTOR, VILLUPURAM Vs. M. SUBASHNI

JUDGEMENT

(1.) Aggrieved by the award, dated 07.12.2015 made in M.C.O.P. No. 2553 of 2011, on the file of the Motor Accidents Claims Tribunal, (IV Court of Small Causes), Chennai, appellant-Transport Corporation has preferred this appeal.

(2.) In the accident, which occurred on 18.06.2010, husband of the first respondent/claimant, aged 39 years, died. According to claimants, at the time of death, the deceased was a Conductor in the appellant-Transport Corporation and earned Rs. 7,000/- per month. They claimed compensation of Rs. 20,00,000/-. The appellant-Transport Corporation resisted the claim, contending inter alia, that the driver of the bus was not negligent and that therefore, they are not liable to pay compensation. Without prejudice to the above, they have disputed the age, avocation and income of the deceased, and the compensation claimed by the claimants, under various heads. Before the Tribunal, the first respondent/claimant, examined herself as PW.1 and PW.2 is the eye-witness to the accident. Ex.P1 - FIR, Ex.P2 - Conductor's Certificate, Ex.P3 - Accident Register, Ex.P4 - Post-mortem certificate, Ex.P5 - Death Report, Ex.P6 - Death Certificate, Ex.P7 - Legalheirship Certificate, Ex.P8 - Motor Vehicle Inspector's Report, Ex.P9 - Appointment Order and Ex.P10 - Pay Slip of the deceased, have been marked on the side of the respondents/claimants. On behalf of the appellant-Transport Corporation, driver of the bus has been examined as RW.1 and no document has been marked. On evaluation of oral and documentary evidence, the Tribunal found that the driver of the bus, owned by the appellant-Transport Corporation was negligent in causing the accident and consequently, held that the appellant-Transport Corporation liable to pay the compensation and quantified the compensation at Rs. 16,25,000/- with interest at the rate of 7.5% per annum.

(3.) Though several grounds have been raised in the memorandum of appeal, Mr. S. Sairaman, learned counsel for the appellant-Transport Corporation confined his submission only to the quantum of compensation awarded by the Tribunal. Heard the learned counsel for the parties and perused the materials available on record.