MANAGING DIRECTOR Vs. S BERNATHU MARY

JUDGEMENT

(1.) BEING aggrieved by the award of compensation of Rs.5,73,496/- for the death of the deceased Yesudoss in a road traffic accident on 10.09.1997, State Transport Corporation (STC) has preferred this Appeal.

(2.) BRIEF facts which are relevant for disposal of this Appeal are as follows:- On 10.09.1997 - 3.45 P.M. the deceased Yesudoss had gone to J.K.R. Lorry booking office, Mandharakuppam from his native place through his bi-cycle towards west to east on the left side mud road in Virudhachalam to Cuddalore Main road. While the deceased coming near Mandharakuppam Vasavi Petrol Bunk, the Appellant-Corporation bus bearing registration No.TN-32-N 0528 driven by its driver in a rash and negligent manner dashed against the deceased. Due to the accident the deceased sustained multiple and grievous injuries and died on the spot. At the time of accident the deceased was aged 31 years and he was working in Neyveli Lignite Corporation and was getting salary of Rs.5,000/- per month. Alleging that the accident was due to rash and negligent driving of the bus driver, the Claimants who are mother, brother and sisters of the deceased Yesudoss have filed Claim Petition U/s.166 of M.V. Act claiming compensation of Rs.8,00,000/-.

(3.) THE learned counsel Ms. S. Geetha, appearing for the Appellant-Corporation has submitted that there was contributory negligence on the part of the deceased which the Tribunal erred in not analysing in a proper perspective. It was further submitted that the deceased was aged 31 years and a bachelor. THE learned counsel appearing for the Appellant-Corporation has further submitted that based on the age of the mother, the Tribunal ought to have adopted the multiplier '12' and not '17' and the compensation awarded by the Tribunal is very much on the higher side.