SAMINATHAN Vs. R.SELVARAJ

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant to hold the respondents are jointly and severally liable to pay compensation and also to award compensation of Rs.3,64,000.00 over and above Rs.4,36,000.00 awarded by the Tribunal in M.C.O.P.No.294 of 2009 dtd. 28/1/2010 on the file of MACT/ Chief Judicial Magistrate, Pudukottai.

(2.) It is a case of fatal accident, which took place on 4/12/2007 at about 10.10 a.m., at Iluppoor to Pudukottai Annavasal Pirivu road, near Kavinadu Kanmai.

(3.) It is the case of the claimants before the Tribunal that on the date of accident, when the deceased by name Muniammal was travelling as a passenger in the bus bearing Registration No.TN 55 N 6999, from Iluppoor to Pudukottai, the driver of the bus drove the vehicle in a high speed without control, in a rash and negligent manner and dashed against a tree, which was standing on the southern side of the road and as a result, the bus capsized in a Kanmoi and as a result, the said Muniammal sustained grievous injuries and thereafter, succumbed to the injuries.