KUNCHIDAPATHAM Vs. DHANALAKSHMY BUS SERVICE

JUDGEMENT

(1.) PETITIONERS in M.A.CT.O.P. No. 9 of 1982 on the file of Additional District Judge, Pondicherry are the appellants and the two respondents are the respondents herein. Petitioners are the father and mother, wife and minor children of late Sivashanmugham, who died in a motor accident, which took place at 6.10 a.m. on 6-9-1979 at the Junction of Perumalkoil Street and Bharathiar Street at Karaikkal. The bus bearing registration No. PYK 3049 belonging to the first respondent and insured with the second respondent was driven in a rash and negligent manner, and consequently Sivashanmugham sustained multiple head injury and succumbed to death. He was treated in General Hospital, Karaikkal from 6-9-1979 to 7-9-1979. He was working as U.D.C. in the General Hospital and drawing a salary of Rs. 650/- per month, and therefore, the compensation was claimed at Rs. 1,25,000/-.

(2.) FIRST respondent opposed this claim by stating that the accident was due to the sudden mechanical failure of break in the bus, and that in spite of alarm raised by the driver and the conductor, it was the deceased who had neg igently crossed the road on coming out of the tea shop and became a victim. Therefore, there being no rash and negligent driving by the driver of the vehicle, no compensation is payable.

(3.) TRIBUNAL awarded a compensation of Rs 35,000/- payable by second respondent, and it is against the said award, this appeal is preferred.