MANAGING DIRECTOR Vs. SATHYA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award dtd. 31/10/2018 passed in M.C.O.P. No.426 of 2016 by the II Additional District Court, Kallakurichi, wherein compensation was awarded in favour of respondents 1 to 5, who are the legal representatives of the deceased.

(2.) The facts leading to the filing of the present appeal are that the deceased, Marimuthu, was employed as a Government Teacher and was earning a monthly income of Rs.40,000.00. On the date of the accident, the deceased was traveling as a passenger from Kedilam to Ulundurpet Main Road in the bus belonging to the sixth respondent. While so, the bus of the appellant and the bus of the sixth respondent collided with each other. In the said accident, the deceased was thrown out and was run over by the appellant's bus, resulting in his death on 31/5/2016.

(3.) The dependants of the deceased filed a claim petition claiming a compensation of Rs.50,00,000.00 before the Motor Accident Claims Tribunal, Kallakurichi. Upon consideration of the oral and documentary evidence, the Tribunal awarded a sum of Rs.72,28,200.00 by its award dtd. 31/10/2018, directing the appellant to pay the compensation. Aggrieved by the said award, the appellant has preferred the present appeal.