B CHELLAMMAL Vs. J C AUTOMOBILE

JUDGEMENT

(1.) The claimants, widow and daughter of the deceased, challenging the award of Rs. 48,000, as against the compensation of Rs. 4,00,000 claimed for the death of the deceased, due lo negligent driving of the driver of the bus belonging to the respondent No. 1, insured with the respondent No. 2, have presented this appeal, seeking for the enhancement of the compensation.

(2.) I heard Mr. Malaichamy, learned counsel appearing for the claimants/appellants, Mr. C.R. Krishnamoorthy, learned counsel appearing for respondent No. 1 and Mr. N. Sivasankaran, learned counsel appearing for the respondent No. 2.

(3.) The deceased, in this case, was working as Headmaster of a school. On the date of occurrence, i.e., on 3.2.1985, he was travelling in the ill-fated bus, belonging to the respondent No. 1, in order to attend his school. The driver of the said bus drove the bus rashly and negligently in the Ghat Road above Sitharevu Hills. At the second hairpin bend also the driver drove the bus in a rash and negligent manner, which resulted in the rolling down of the bus to the depth of 50 feet. Some passengers sustained grievous injuries and some passengers died as a result of the accident. The deceased is one among them.