LAWS(MAD)-2018-7-964

MOHANAPRIYA Vs. K SARAVANAKUMAR

Decided On July 24, 2018
Mohanapriya Appellant
V/S
K Saravanakumar Respondents

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation awarded by the Tribunal as per order dated 05.02.2013, made in MCOP.Nos.794, 795, 840 and 841 of 2008 on the file of the Motor Accident Claims Tribunal/(Principal District Court), Erode, the petitioners/claimants have filed these appeals to set aside the award passed by the Tribunal.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of all the petitioners is that on 19.12.2007, while the deceased Sundaramurthy(MCOP.No.794 of 2008 in CMA.No.2433 of 2013), along with deceased Moorthy @ Easwaramoorthy (MCOP.No.841 of 2008 in CMA.No.2434 of 2013) and another deceased person, namely, Shankar(MCOP.No.795 of 2008 in CMA.No.2435 of 2013) and another deceased person, namely, Dinakar (MCOP.No.840 of 2008 in CMA.No.2436 of 2013), were proceeding from Erode to Coimbatore in the Car bearing Registration No.TN-49-T-5115, at about 01.45 p.m., while going near Mettukadai in Erode to Perunthurai Road, the 2nd respondent Transport Corporation bus bearing Registration No.TN-33-N-1626 driven by first respondent, came at high speed in the opposite direction and coming on the wrong side of the road, dashed against the car in which the deceased persons were travelling causing them fatal injuries. Only one person by name Jaganathan travelling in the car survived. The accident took place due to the rash and negligent driving by the first respondent driver of the second respondent Transport Corporation bus.