K. ANDAVAR Vs. PANDIYAN ROADWAYS CORPORATION

JUDGEMENT

(1.) THE appellants are the parents of the deceased who had died at the very spot of the accident. It is vehemently contended on behalf of the petitioners/appellants by Mr. R. Balasubramanian, learned Counsel that the Tribunal had not taken into consideration the various aspects that are exhibited in the evidence let in, but had given a compensation which is not quite adequate namely Rs. 15,400/-. According to the learned Counsel for the appellants, the ratio decidendi in the various decisions of this Court had not been followed by the Tribunal for arriving at the compensation.

(2.) MR . P. Pandi, learned Counsel for the respondent Pandiyan Roadways Corporation Limited, Maduai submits that the Tribunal has taken into consideration all the aspects including the fact that had been elicited in the cross-examination of PW 1 that the family owns 18 acres of dry land and the yearly income after deducting all the expenditure is Rs. 200/- It is also pointed out by Mr. Pandian that the appellants have not taken care to elicit from the relevant witness that the deceased was a brilliant student. In this regard Mr. R. Balasubramanian, connset for the appellants would point out that for the age of the deceased, namely 15 years, be was reading in 10th Std. and that this itself would show that the student had been reading with all hit ability and was passing every class without detention.

(3.) ON the question whether the aceident resulted in the death of Vivekanandan was due to rash and negligent driving of the Pandian Roadways Corporation bus by its driver, the Tribunal came to the conclusion that there is no contributory negligence on the part of tne deceased Vivekanandan and as such as rash and negligent driving of the driver of the Pandian Transport Corporation Town bus was responsible for the accident. When we scrutinise the evidence of PW 1, the father of the deceased, the first petitioner/first appellant herein as well as that of they eye witness to the occurrence PW 3 Mohan, who was going along with the deceased Vivekanandan at time of the accident we find that their evidence is cogent, convincing and trustworthy so as to hold that the vehicle in question was driven in a rash and negligent manner.