THIRUMALAINAYGAM Vs. DHEERAN CHINNAMALAI TRANSPORT CORPORATION

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is directed against the judgment and decree dated 28-10-1999 pronounced in M. C. O. P. No. 1545 of 1995 on the file of the Motor Accident claims Tribunal (III Additional Subordinate court) Tiruchirappalli, so far as the disallowed portion of the claim is concerned.

(2.) AGGRIEVED by the insufficiency of the compensation awarded by the Tribunal by its award dated 28-10-1999 made in M. C. O. P. No. 1545 of 1995, the claimants have preferred this Civil Miscellaneous Appeal seeking enhancement of compensation.

(3.) THE facts leading to the filing of the appeal can be briefly stated thus: on 16-11-1994 at about 8. 45 p. m. , Raj mohan, son of the appellants got injured in an accident that took place near I. T. I. Bus Stop, thiruverambur, on the Tiruchy-Tanjore main road, while he was travelling as a passenger in the bus belonging to the respondent transport Corporation bearing Registration no. TN-45-N-0037. As the said bus capsized, the above said Raj Mohan sustained grievous injuries all over the body including the severe head injuries and was taken to the Tanjore medical College Hospital, where he was treated in the Intensive Care Unit till he succumbed to the injuries on 17-11-1994. Contending that the driver of the above said bus drove the same rashly and negligently at an uncontrollable speed and the same had led to the unfortunate accident leading to the death of the deceased, the parents of raj Mohan preferred the Claim Petition m. C. O. P. No. 1645 of 1995 under Section 163-A of the Motor Vehicles Act on the file of the Motor Accident Claims Tribunal (III additional Subordinate Court), Tiruchirappalli claiming a sum of Rs. 14,60,000 as compensation with future interest and cost.