RANI Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) BEING dissatisfied with the quantum of compensation awarded in M. C. O. P. No. 654/1999, [Rs. 50,000/-, in terms of no fault liability] for the death of Janakiraman in the road traffic accident, wife, daughters, son and mother of the deceased have preferred this appeal.

(2.) BRIEF facts which are necessary for disposal of these appeals are as follows: - On 28. 04. 1999 at about 6. 30 a. m. , the deceased was travelling in his cycle in MBT Road and was nearing Yeriyur. At that time, the bus bearing Registration No. TN 23 N 810 came in a rash and negligent manner and dashed against the deceased and caused fatal injuries to him. Regarding the accident, a case was registered against the driver of the bus in Sathuvachari P. S. in Cr. No. 220/1999 under sections 279, 337, 304(A) IPC. Alleging that the accident was due to the rash and negligent driving of STC bus driver, claimants have filed Petition claiming compensation of Rs. 10,00,000/-.

(3.) CHALLENGING the impugned Order, the learned Counsel for the Appellant has contended that the Tribunal ought not to have attached weight to the contradictions in the evidence of PW-2 and Ex. P-1. Drawing the attention of the Court to the evidence and materials on record, the learned Counsel for the Appellants has submitted that the evidence of RW-1 that he stopped the bus is contradictory to their own version in the counter, which aspect was not analyzed by the Tribunal in its proper perspective. It was further argued that the finding of the Tribunal is perverse and opposed to the materials on record and unsustainable and the claimants are to be awarded just compensation for loss of dependency.