JOSPINE VIMALA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is preferred by the claimants as appellants as against the award dated 14.09.2001 passed by the Motor Accidents Claims Tribunal namely the Sub Judge, Poonamallee in M.C.O.P.No.629 of 1993, granting a total compensation of Rs.3,15,000/- together with interest at 9% p.a. from the date of petition till date of payment.

(2.) THE appellants/claimants being the wife, sons and mother have filed a claim petition claiming a total compensation of Rs.6,00,000/- for the death of Irudayaraj involved in a motor accident.

(3.) A further plea has been taken by the respondent/Corporation in the counter to the effect that 'there was no negligent on the part of the driver of the bus and that the bus was proceeding slowly at the time of accident and there was about 6 feet thar road on the right hand side of the bus for the motor cyclist to pass through and that the accident took place solely due to rash and negligence on the part of the motor cyclist and therefore, the respondent is not liable to pay any compensation much less rupees six lakhs claimed in the petition.