MARIAMMAL Vs. ANGAIYARKANNI

JUDGEMENT

(1.) CLAIMANTS have filed this appeal against the disallowed portion of the award, dated 7-11-2000, made in M. A. C. T. OP. No. 1 of 1997, on the file of Motor Accident Claims tribunal (Chief Judge, Court of Small causes), Madras, in awarding a compensation of Rs. 2,83,220/-, as against the claim of Rs. 5,00,000/-, for the death of one Ganesan. Claimants are wife, mother, father and son of the deceased.

(2.) ON 5-1-1996, at about 13. 00 hours, when the deceased Ganesan was walking along the N. S. C. Bose Road, a bus, bearing registration No. T. M. E.- 145, driven by its driver in a rash and negligent manner, dashed against the said Ganesan, as a result of which he died on the spot. First respondent is the owner of the bus, which is insured with second respondent.

(3.) THE Tribunal factually found that the accident occurred due to rash and negligent driving of the bus by its driver and, therefore, compensation has to be paid by second respondent, who is the insurer of first respondent.