TAMIL NADU STATE EXPRESS TRANSPORT CORPORATION LTD., (OWNER OF GOVERNMENT BUS NO. TN01 N 8030), REP. BY ITS MANAGING DIRECTOR, HAVING OFFICE AT PALLAVAN SALAI, CHENNAI Vs. R. LATHA

JUDGEMENT

(1.) Facts leading to the appeal are that on 30.05.2009 about 3.30 am, when the husband of the 1st respondent was riding a motorcycle on Vellore to Arni Road, near Madras Matriculation School, Otterri, Vellore Taluk and District, a transport corporation bus bearing Regn.No.TN-01 N 8030, which came in the opposite direction, driven by its driver in a rash and negligent manner, dashed against the motorcycle and the motorcyclist, sustained fatal injuries and died, on the way to the hospital. In this regard, a case in Cr.No.229 of 2009, for offence, under Sections 279 and 304(A) I.P.C. has been registered against the driver of the state transport corporation bus, on the file of Sub Inspector of Police, Bagayam Police Station.

(2.) Respondents, wife and minor daughter filed MCOP No. 399 of 2009, on the file of the learned MACT [District Judge], Vellore, claiming compensation of Rs. 1,21,25,000/- under various heads, by impleading the Tamilnadu State Express Transport Corporation Limited, and the parents of the deceased as respondents.

(3.) Before the claims tribunal, the respondents/claimants submitted that the accident, occurred only due to the rash and negligent driving of the driver of the state transport corporation bus. They further submitted that, at the time of accident, the deceased was aged 46 years, and as Technical Assistant in BHEL, Ranipet, earned Rs. 37,584/-.