LAWS(MAD)-1999-7-13

KATTABOMMAN TRANSPORT CORPORATION LTD Vs. MARIYAL

Decided On July 01, 1999
KATTABOMMAN TRANSPORT CORPORATION LTD. Appellant
V/S
MARIYAL Respondents

JUDGEMENT

(1.) C.M.A.Nos. 1297 and 1298 of 1994 could be disposed of in a common judgment since in both the claim petitions, common enquiry was conducted and common judgment was rendered.

(2.) Kattabomman Transport Corporation has filed these appeals challenging the award of Rs. 30,000 to the injured and the award of Rs. 2,25,000 to the dependants of the deceased, mainly on the ground of quantum.

(3.) On 21.5.1990 at about 7.30 p.m., the deceased Paulkani was proceeding on his bicycle in Sivagiri-Rajapalayam main road on the extreme left side. One Periyasamy was also proceeding in the road by cycle along with his brother. At that point of time, the bus belonging to the appellant Corporation, driven at a high speed, in a rash and negligent manner, hit against both Paulkani and Periyasamy. Both were taken to the Government Hospital, Raja-palayam, wherein the said Paulkani died due to serious injuries sustained by him in the above accident. Periyasamy, who was initially treated in the Rajapalayam Government Hospital was referred to the Rajaji Government Hospital, Madurai for further treatment.