SATHASS Vs. V M PALANISAMY

JUDGEMENT

(1.) THE appellants have filed this civil miscellaneous appeal against the judgment and award of the learned Principal District Judge, Erode District, Erode in M.A.C.T.O.P.No,59 of 2004, dated 26.10.2004 awarding a sum of Rs.1,82,000/-.

(2.) AGGRIEVED by the said order, the appellants have filed the appeal praying for additional compensation of Rs.1,50,000/-.

(3.) THE second respondent, the Tamil Nadu State Transport Corporation Limited (Coimbatore Division II) in their counter submitted that on 04.12.2003, the first respondent, the driver of the bus bearing registration No.TN-33-N-1017 drove the bus in a normal speed and that at that time, the deceased who was riding his TVS 50 Moped bearing registration No.TN-33-M-4568 suddenly crossed the road without hearing the horn of the bus and dashed at the left side back portion of the bus and thus, invited the accident. THE accident happened only on the negligence of the rider of the moped and the driver of the bus was not at fault. Further, the second respondent denied the age, occupation and income of the deceased. Further the petitioners were asked to prove their legal heir ship. Further, the insurance company of the TVS 50 moped should have been added as necessary party. Further, the compensation asked for is excessive and hence prayed for dismissal of the petition.