R BHUNAVESWARI Vs. R SURESH BABU

JUDGEMENT

(1.) THE appeal is preferred by the appellants/claimants against award dated 03.02.2007 made in MCOP No,44 of 2006 by the Motor Accident Claims Tribunal, Additional District Court/Fast Track Court No. I, Erode.

(2.) BACKGROUND facts in a nutshell are as follows: On 29.01.2006 at about 07.40 p.m., while the deceased Kavin kumar, was proceeding in his bicycle on the left side of the Jeeva Nagar Road from South to North, the town bus belonging to the second respondent bearing Registration No.TN-33-0895 which came from opposite direction, driven by its driver, who is the first respondent herein in a rash and negligent manner and dashed against the deceased. Due to the impact, the deceased sustained head injury. Immediately he was taken to the Government Hospital, Erode and on the way of the hospital, he died. The claimants are the father and mother of the deceased. They claimed a sum of Rs.5,00,000/- as compensation. The 2nd respondent-Transport Corporation resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimants, P.W.1 was examined and documents Exs.P1 to P10 were marked. On the side of the respondents, RW1 - Shanmugam, who is the Driver of the 2nd respondent - bus, was examined and no documents were marked to substantiate their claim. P.W.1 is the father of the deceased. Ex.P1 is the xerox copy of the First Information Report. Ex.P2 is the xerox copy of observation Mahazar. Ex.P3 is the Rough Sketch. Ex.P4 is the Copy of the Motor Vehicle Inspector's Report. Ex.P5 is the Postmortem Certificate. Ex.P6 is the copy of the Charge Sheet. Ex.P7 is the Legal heirship Certificate. Ex.P8 is the Sports Certificate. Exs.P9 & Ex.P10 are the Social Service Certificates.