THE MANAGING DIRECTOR, MARUDHU PANDIYAR TRANSPORT CORPORATION, KARAIKUDI Vs. M.A. PRAKASAM AND TWO OTHERS

JUDGEMENT

(1.) The above appeal has been filed by the Transport Corporation in question who is the respondent in the Claim Petition before the Tribunal below against the award of a compensation of Rs. 4.32,000/ - as against a claim of Rs. 5,00,000/ - under the judgment and award dated 15.9.94 in M.C.O.P. No. 167/93. The Claim Petition has been filed on account of the death of one Gowthaman. The claimant Nos. 1 and 2 are the parents of the deceased Gowthaman and Claimant No. 3 is the brother and Claimant No. 4 is the sister of the deceased and therefore, the son and daughter of claimant Nos. 1 and 2. The case of the claimants before the Tribunal below was that the deceased was an Engineering Graduate in B.E., Civil and was working in Devi Lakshmanan Constructions at Karaikudi, earning a sum for Rs. 2,000/ - to Rs. 2,500/ - per mensem, that he was aged 24 at the time of his death, that on 16.1.1993 the deceased went to Siravayal to witness the 'Manjuvirattu' festival as a pillion rider in the Motor Cycle bearing Registration No. TCO No. 547 of which the driver was one Abu Backar. It was also the case of the claimants that at about 3:40 P.M. when the Motor Cycle was coming between Koratti and Ilangudi. the Bus belonging to the appellant Corporation bearing Registration No. T.N.63 -9030 driven by its driver R.W.1 in a rash and negligent manner without observing the rules of the road, hit the Motor Cycle as a consequence of which the deceased was said to have been thrown out from the Motor Cycle on earth and sustained multiple grievous injuries. Though he was said to have been taken to hospital at Karaikudi in a hired car, he was said to have died en route to Karaikudi. The claimants averred that they had incurred a sum of Rs. 12,500/ - by way of expenses for all such activities including the funeral etc., of the deceased, contending that the claimants were all dependants on the deceased and that he would have lived upto 60th year and earned a sum of Rs. 10,50,000/ -and more and a compensation of Rs. 10,65,000/ - claim of Rs. 5,00,000/ - and presented the claim Petition for the said amount.

(2.) The respondent -Corporation opposed the claim by contending that the driver of the bus belonging to the Corporation was not in any maimer responsible for the accident, that he drove the vehicle carefully and in accordance with the rules of the road, that the vehicle in question was not involved in the accident at all and actually the accident resulting in the death of the victim appears to have been caused by a lorry, which after causing the accident ran away without stopping and that with the hope that if the bus of the Corporation is involved, it would be easy for getting compensation and that too a substantial and fabulous amount the claimants have manipulated to make it as though the accident has been caused by the bus in question belonging to the Corporation and its driver.

(3.) On the above claims and counter claims, the Claim Petition was tried. On the side of the claimants, apart from examining P.Ws.1 and 2 of which one was the driver of the Motor Cycle of which the victim was a pillion rider, five documents were marked. On the side of the respondent -Corporation in the Court below, one document was marked and R.Ws. 1 and 2 were examined of which one was the driver of the bus and the other was the conductor of the bus.