CHINNAPAPPAMMA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This Appeal, under Sec. 173 of Motor Vehicles Act, has been filed by the appellants / claimants in MCOP No.698 of 2021, on the file of the Special District Court, Motor Accidents Claims Tribunal, Krishnagiri, for enhancement of the sum awarded by the claims tribunal.

(2.) Shortly stated, on 5/2/2020, at about 13.00 hours, the deceased Narayana Achari was riding his two wheeler bearing Registration No.TN-70- C-1038, from Rayakottai towards Hosur. At that time, near Alaseebam Government High Secondary School Bridge, a Tamil Nadu State Transport Corporation bus bearing Registration No.TN-29-N-2869, driven by its driver in a rash and negligent manner, came from behind and hit the two wheeler of the deceased, as a result of which, the deceased sustained fatal injuries, and was taken to Government Hospital, Hosur, for first aid. Thereafter, he was shifted to Government Hospital, Salem, for further treatment. In spite of intensive treatment, he died on 14/2/2020. FIR was registered against the driver of the bus.

(3.) The legal representatives of the deceased preferred a claim petition for a compensation of Rs.30,00,000.00 for the loss caused to them due to the death of deceased Narayana Achari. The respondent / Transport Corporation resisted the claim petition. The learned Tribunal, after analysing the oral and documentary evidence, held that the accident occurred due to rash and negligent driving of the driver of the offending bus, awarded a total sum of Rs.7,76,000.00 and directed the respondent/Transport Corporation to pay the award amount to the claimants. Aggrieved over the quantum of compensation awarded by the Tribunal, the appellants / claimants are on appeal.