MARIA ALPHONSE Vs. JOHN SELVARAJ

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellants / claimants and the learned counsel appearing for the respondents.

(2.) It is a case of fatal. The Tribunal has awarded a sum of Rs. 2,22,000/- as compensation, out of which 50% of the amount was deducted towards liability and 50% of the amount was directed to pay jointly and severally by the respondents 1 and 2 with 7.5% interest per annum from the date of petition till the date of realization. The appellants / claimants have filed this appeal questioning the liability as well as quantum.

(3.) The learned counsel appearing for the appellants / claimants would submit that the deceased was working as centring worker and on 05.02005, after completing his work at Courtallam, the deceased was returning to his house in a two wheeler and at that time, he was trying to overtake the second respondent's / Transport Corporation's bus, which was moving on his front and on seeing another vehicle coming in the opposite direction, the deceased applied break and the bus dashed against the motorcycle. According to the claimants, the first respondent, who is the driver of the Transport Corporation bus, has failed to apply his break and therefore, the bus hit on the deceased and the deceased succumbed to the injuries on the spot. As the accident had occurred only due to failure of the first respondent in applying the break, the Tribunal ought not to have fixed 50% liability on the deceased. Thus, he prayed to set aside 50% liability fixed on the deceased by the Tribunal.