S AROKIA JAMES ANTHONY Vs. METROPOLITAN TRANSPORT CORPORATION, CHENNAI LTD , REP BY ITS, MANAGING DIRECTOR, PALLAVAN SALAI

JUDGEMENT

(1.) The appellant/claimant has filed these appeals against the award and decree dated 28.10.2010 made in M.C.O.P.Nos. 1521, 1522, and 1523 of 2008 respectively on the file of the Motor Accident Claims Tribunal, Chief Judge, Small Causes Court, Chennai.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal. The case of the petitioner (the same petitioner in all three cases) is that on 16.12.2007, while he was travelling with his wife, the deceased Anitha in two wheeler bearing Registration No.TN-03-1209 at about 20.45 hours on 16.12.2007 from old Wahermenpet to Tiruvottiyur near Thangam Thirumana Maligai in Old Wahermenpet, the respondent/Transport Corporation bus bearing Registration No.TN-02-N-0316 came at high speed driven in a rash and negligent manner from behind, dashed against the motor cycle, in which the petitioner was proceeding with his wife Anitha as a pillion rider, resulting in the death of his wife Anitha (in M.C.O.P.No.1523/2008) and 6 month old child in the womb (in M.C.O.P.No.1522/2008) and causing grievous injuries to the petitioner herein (M.C.O.P.No.1521/2008).

(3.) The petitioner contends that the rash and negligent driving of the respondent-bus driver alone resulted in the accident. The petitioner stated that he was aged 29 and employed in the Court of Small Causes, Chennai as a Bench Clerk and was earning Rs.7,900/- per month, while his wife who was a pillion rider of the vehicle, i.e. the deceased Anitha was aged 27 years and she was employed as Teacher in a Private Higher Secondary School, Chennai, earning Rs.12,500/- per month. The petitioner states that due to the death of his wife, her contribution to the family has lapsed and as such, compensation for Rs.16,00,000/- in M.C.O.P.No.1523 of 2008 was claimed for the death of his wife. Further, due to the injury suffered by him, he is not able to attend to his work regularly and for the same, he seeks compensation for Rs.2,00,000/- in M.C.O.P.No.1521 of 2008. Further, the petitioner states that in the accident, 6 month old child in the womb of his wife/deceased Anitha also passed away, and for the same, the petitioner seeks compensation of Rs.3,00,000/- (in M.C.O.P.No.1522 of 2008).