CHERAN TRANSPORT CORPORATION LTD Vs. SANTHAMANI

JUDGEMENT

(1.) AGAINST the award of Motor Accident Claims Tribunal, Coimbatore, Cheran Transport Corporation, Coimbatore, first respondent in M.C.O.P. No.64 of 82 has filed the present appeal before this Court under Sec. 110-D of the Motor Vehicles Act.

(2.) THE respondents 1 and 2 are the claimants before the Motor Accident Claims Tribunal. For the death of the husband of the first respondent herein and father of the minor second respondent herein, they claimed a sum of Rs.5,00,000 as compensation under Sec. 110-A of the Motor Vehicles Act, 1939. THE brief facts leading to the filing of the claim petition areas follows: On 2.8.1981 at about 9.45 a.m., after purchasing vegetables, when deceased Vasudevan was returning home on the scooter TNN.292 on the Avanashi Road, from west to east, the bus TMN.3873 belonging to the appellant herein and driven by its driver third respondent herein in a rash and negligent manner from east to west, dashed against the Scooter, thereby the rider of the Scooter sustained multiple injuries. It is contended that on the way to hospital, the deceased Vasudevan died. THE entire accident happened only due to the rashness and negligence on the part of the driver of Cheran Transport Corporation, it is further contended that one Rajagopal who was riding another Scooter MDJ.6962 behind the Scooter wherein the deceased Vasudevan was riding, has witnessed the occurrence and on seeing the fateful accident, he immediately informed the police. THE first respondent herein is the wife of the deceased, aged about 39 and the second respondent herein is her minor daughter aged about 8. THE deceased was 43 years old at the time of the accident and he was employed in Lakshmi Machine Works as Superintendent, earning Rs.2,270 per month. On various heads, the claimants claimed a sum of Rs.5,00,000.

(3.) ON the basis of the oral evidence of P. W. 1, namely, who was riding in a Scooter near the accident spot and on the basis of the First Information Report-Ex.A-1, the Tribunal came to the conclusion that the accident was caused only due to the rashness and negligence of the driver of the appellant Corporation and held that the claimants are entitled for compensation for the death of Vasudevan. With regard to the quantum of compensation, on the basis of the oral evidence of P.W.2, namely, wife of the deceased Vasudevan and on the basis of Ex.A-2, salary certificate, Ex.3 Salary register, Ex.A-4 Post-mortem Certificate, Ex.A-5 Motor Vehicle Inspector's report and considering the age of the deceased as well as the claimants, income and occupation of the deceased the Tribunal passed a total award of Rs. 1,71,000 with interest at 6 per cent per annum from the date of petition in favour of the claimants.