GOVINDAMMA Vs. PALLAVAN TRANSPORT CORPORATION

JUDGEMENT

(1.) THE widow, the minor children and the mother of the deceased Govindaraj, in whose favour the Motor Accidents Claims Tribunal has passed an Award for a sum of Rs. 31,000/- have fifed the present appeal for enhancement of the above amount.

(2.) THE deceased, Govindaraj aged 37 years. at the time of his death on 2-5-1981, was the husband of the first appellant, the father of appellants 2 to 6 and the son of the seventh appellant. He was employed as a Mazdoor in the Port Trust at Madras, drawing a salary of Rs. 711-50. He was knocked down by the PTC bus M.S.W. 197 belonging to the respondent, being driven by the driver in a rash and negligent manner. The appellants filed M.O.P. No. 349 of 1981 before the Motor Accidents Claims Tribunal (Subordinate Judge), Chengalpattu, under Section 110-A of the Motor Vehicles Act claiming a total compensation of Rs. 75,000/-.

(3.) BEFORE the Tribunal, the first appellant examined herself as PW 1 and examined one Babu, an eyewitness to the occurrence, as PW 2. The salary certificate of the deceased Govindaraj was marked as Ex. A-1. The post mortem certificate and the death report were marked as Exts. A-2 and A-3 respectively and the birth report of the minor children of the appellants herein as Exts. A-4 to A-6. On behalf of the respondent, Nagarathinam, the driver of the bus was examined as RW 1. No documents were marked on the side of the respondent.