S GOVINDAMMAL Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) BEING aggrieved by the award of compensation of Rs.1,84,000/- and directing the Claimants to approach the Civil Court for settling the inter-se dispute, Appellants - wife and minor children and mother of the deceased Selvaraj have preferred this Appeal.

(2.) THE Appellants are the Claimants in M.C.O.P.No.3846/95. THE Claimants in M.C.O.P.No.4036/97 are another wife and children of the deceased Selvaraj. Before the Tribunal both the Claim petitions were taken up together and the Tribunal has awarded compensation of Rs.1,84,000/-. In view of inter-se dispute between the parties, the Tribunal has directed the parties to approach the Civil Court to establish their legal rights as legal heirs of the deceased Selvaraj and the Tribunal has directed deposit of compensation amount till the inter-se dispute between the parties are settled.

(3.) BEFORE the Tribunal, first Claimant in M.C.O.P.No.3846/95 was examined as P.W.1 and the first Claimant in M.C.O.P.No.4036/97 was examined as P.W.3. S.I. of police who registered the case was examined as P.W.2. Eye witness was examined as P.W.4 and one Kanniappan was examined as P.W.5. Exs. P.1 to P.6 were marked. The driver of SETC bus was examined as R.W.1. Upon consideration of oral and documentary evidence, Tribunal has held that the accident was due to rash and negligent driving of SETC bus driver and held that SETC is liable to pay the compensation.