S PERIASAMY Vs. TAMIL NADU STATE EXPRESS TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, PALLAVAN SALAI

JUDGEMENT

(1.) One Tamilalagan was riding his bicycle on 12.07.1995 at about 3.40 p.m., when the bus belonging to Thiruvalluvar Transport Corporation hit him leading to his death. In this regard, First Information Report was registered against the bus driver. Claiming compensation for the death of the said Tamilalagan, his parents and siblings filed M.C.O.P.No.374 of 1996 on the file of the Subordinate Court/Motor Accidents Claims Tribunal, Kulithalai.

(2.) On the side of the claimants, the father examined himself as P.W.1 and two others were examined as P.W.2 and P.W.3. On the side of the Transport Corporation, the driver was examined as a witness. On the side of the claimants, as many as 7 documents were marked. The Tribunal passed an award for a sum of Rs.75,000/-. It also arrived at the finding that the deceased was negligent and contributed to the occurrence of the accident. Therefore, while quantifying Rs.1,00,000/- as compensation, there was deduction to the tune of 25% and Rs.75,000/- was directed to be paid as compensation to the parents and sisters of the deceased. This award dated 18.11.1998 is assailed in this Civil Miscellaneous appeal at the instance of the claimants who seek enhancement of the compensation.

(3.) Heard the learned counsel appearing for the claimants as well as the learned Standing counsel appearing for the Transport Corporation.