MANAGING DIRECTOR Vs. AGILA

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed by the Transport Corporation challenging the liability fastened on the appellant as well as the quantum of compensation in the award dated 30.03.2015 made in M.C.O.P.No.96 of 2014 on the file of the Motor Accidents Claims Tribunal, Special District Court, Krishnagiri.

(2.) The appellant is respondent and respondent is claimant in M.C.O.P.No.96 of 2014 on the file of the Motor Accidents Claims Tribunal, Special District Court, Krishnagiri. The respondent filed the said M.C.O.P. claiming a sum of Rs.15,00,000/-; as compensation for the death of her brother viz., Aravindan, who died in the accident that took place on 14.04.2013.

(3.) According to the respondent, on 14.04.2013, while the rider of the motorcycle viz., Tamilarasan was riding the same along with a pillion rider/brother of the respondent in Avinashi to Coimbatore main road on its left side cautiously, the driver of the bus belonging to the appellant/Transport Corporation, who came on the opposite direction, drove the same in a rash and negligent manner, dashed against the motorcycle. Due to the said impact, brother of the respondent died on the spot and rider of the two wheeler also died in the hospital. According to the respondent/claimant, the accident occurred only due to the rash and negligent driving by the driver of the bus belonging to the appellant/Transport Corporation. At the time of the accident, the deceased was aged 20 years and he was unmarried. He was a sweet stall master and was earning a sum of Rs.15,000/-; per month.