AYESHA SIDDEEKA Vs. RAJA ROADWAYS

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellants/claimants against the award of the Tribunal in reducing the compensation from Rs.2,47,000/- (Rupees Two Lakhs and Forty Seven Thousand) to Rs.1,27,000/- (Rupees One Lakh and Twenty Seven Thousand only) by fixing contributory negligence on the rider of the motorcycle at the ratio of 50:50, for the death of one Ayyappan @ Ponnambalam, aged 29 years, doing business, allegedly earning a sum of Rs.20,000/- (Rupees Twenty Thousand only), in the accident occurred on 12.05.2000, when the brother of the deceased, namely, Balakumaran, was riding his motorcycle, in which, the deceased was travelling as a pillion rider, on Batlagund - Dindigul main road, the brother of the deceased tried to overtake a lorry which was proceeding in front of him and while so, the bus bearing Registration No.TN-57-A-1998 was coming in the opposite direction and in that process, the motorcyclist indicated his process of overtaking the lorry by applying dim and bright signal of the head light of the motorcycle, however, the driver of the bus drove the vehicle in a rash and negligent manner and came on the wrong side of the road and dashed against the motorcycle, due to which, the deceased fell down and sustained injuries and breathed his last at the spot itself. Therefore, the claim petition was filed.

(2.) Before the Tribunal, the first appellant/first claimant examined herself as P.W.1 and one Aravindar was examined as P.W.2 and Exs.P.1 to P.8 were marked. On the side of the respondents, R.W.1 to R.W.3 were examined and Exs.R.1 to R.6 were marked.

(3.) On contest, the Tribunal, based on Ex.R.4 - judgment passed by the criminal Court in C.C.No.150 of 2001, wherein the brother of the deceased who was examined as P.W.1, did not depose that the driver of the offending bus drove the vehicle in a rash and negligent manner, found that the rider of the motorcycle had also contributed to the accident and held that the accident was not only due to the rash and negligent driving of the driver of the offending bus but also due to the contributory negligent on the part of the rider of the motorcycle and arrived at the compensation of Rs.2,40,000/- (Rupees Two Lakhs and Forty Thousand only) and deducted 50% of the same and awarded a sum of Rs.1,27,000/- (Rupees One Lakh and Twenty Seven Thousand only) including Rs.2,000/- (Rupees Two Thousand only) towards funeral expenses and a sum of Rs.5,000/- (Rupees Five Thousand only) towards consortium. Aggrieved over the quantum of compensation, the appellants/claimants filed the present appeal.