MANAGING DIRECTOR Vs. BABY

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is preferred by the Tamil Nadu State Transport Corporation (Coimbatore Division I) Limited by its Managing Director, Coimbatore, against the award of the Motor Accident Claims Tribunal viz., Sub Judge, Tiruppur dated 28.2.2002 passed in M.C.O.P.No.1085 of 1999, granting compensation of Rs.6,30,000/-.

(2.) THE respondents being the wife, children and parents of the deceased have filed M.C.O.P.No.1085 of 1999 claiming a restricted compensation of Rs.15,00,000/-.

(3.) P.W.2-Shanmugam in his cross examination has deposed that he witness the accident and that he has not complaint before the Police and that the bus without stopping came in high speed. Ex.A.1 is the xerox copy of FIR dated 07.02.1999. In this, the name of the informant is mentioned as Gurumath Singh, Coimbatore. A perusal of Ex.A.1-Xerox copy of FIR clearly points out that in Crime No.135 of 1999 under Section 279, 304 A I.P.C., a case has been registered against the driver of the bus Rajee, bearing Registration No.T.N.38.N.0423. Admittedly, the complainant Gurumath Singh was not examined before the Tribunal. However, in Ex.A.1-Xerox copy of FIR, it is inter alia mentioned as follows: "Today 7.23.1999 I have gone to hopes for Private Business and when I was returning to my restaurant on my two wheeler T.N.37.F.3949 along the Avanashi road from west to east, when at about 21.30 hrs I noticed two persons going ahead of me on the two wheeler at P.S.G. Arts College the above two persons traveling on a Bullet had gone a little of the Centre of Road. When all of a sudden the Bus (Govt. Bus) which was coming from east to west along the same road hit the motor cyclist and the pillion rider and they were thrown from the vehicle and at the same time the motor cycle was ... in the right front wheel of the bus and ... to the spot where the two persons had been thrown. The motor cyclist and pillion rider suffered severe head injuries and injuries on other parts of the motor cyclist and as result the both Expired on the spot, etc.". Ex.P.2 is the Xerox copy of M.V. Inspection Report. In this, it is candidly mentioned that "the accident was not due to any mechanical defect of the vehicle". Ex.A.3 is the Xerox copy of the Postmortem Certificate relating to the deceased Govindasamy in which the Doctor has opined that the deceased would appear to have died of multiple injuries sustained by him.