MAHALAKSHMI Vs. MANAGING DIRECTOR M T C

JUDGEMENT

(1.) The wife, mother and father of one Kumaresan aged about 34 years, who died in a motor accident that occurred on 02.06.2011 are the appellants.

(2.) The claimants sought for a compensation of Rs. 1,00,00,000/- for the death of the said Kumaresan. According to them, the accident occurred when the said Kumaresan was walking on the sideways inside the bus stand near the Central Railway Station, the bus belonging to the respondent Corporation, bearing Registration No.TN 01 N 4040, driven by its driver in a rash and negligent manner dashed against him, resulting in his death. Terming the negligence of the bus driver as cause for the accident, the claimants sought for the compensation as aforesaid from the respondent Corporation, namely the owner of the bus.

(3.) The Claim Petition was resisted by the Corporation contending that when the bus was travelling on a slow speed towards Central Railway Station, a Mob of Pedestrians crossed the road suddenly forcing the driver of the bus to swerve the bus to the left. As a result of the sudden swerving to the left, the bus ran over the platform and dashed against the deceased resulting in the accident. It is also contended that the deceased was a ticketless passenger in another bus and he had jumped over the platform to avoid the checking squard. The quantum of compensation claimed was also termed as excessive. The Corporation also denied the claim relating to the income of the deceased.