PERUMAYEE Vs. P. CHINNASAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed under Sec. 110-D of the Motor Vehicles Act against the award of the Motor Accidents Claims Tribunal (Subordinate Judge), Madurai dtd. 30/10/1985 made in M.C.O.P. No. 278 of 1984.

(2.) Originally, the judgment was reserved for orders on 9/8/2017 and as to the circumstances of the case, if the present judgments are applied, the compensation amount would be on the higher side to be payable by the transport Corporation and therefore, this Court thought it fit to give an opportunity to the transport-Corporation to settle the matter amicably coupled with the fact that the claimants themselves were ready for settlement and accordingly, the matter was posted for hearings on 14/10/2017, 30/11/2017, 3/11/2017 and 6/11/2017. However, the respondent-transport Corporation has not come forward to settle the matter amicably and therefore, this Court has no other option but to pronounce the judgment on merits and in accordance with law.

(3.) The appellant would aver among other things that the case of the appellants is that their son, namely, Gubendran, on 7/4/1984, while he was going on his bicycle, the 1st respondent driver of the 2nd respondent Transport Corporation drove the bus bearing Registration No. PMN 5442 in a rash and negligent manner and the bus ran over against their son and their only son died on the spot. Therefore the appellants filed claim petition for a sum of Rs.50,000.00 as compensation for the death of their only son.