KAMATCHI Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) AGGRIEVED with the quantum of compensation awarded to the appellants by the Motor Accidents Claims Tribunal, they have filed the present appeal for enhancement of compensation.

(2.) FACTS briefly are : One Guna Reddiar, the husband, of the first appellant and father of appellants 2 and 3, while he was travelling in a cycle in the over-bridge at Tambaram on 10-10-1980, was crushed to death by a bus bearing Registration No. T.M.W. 8391 belonging to the respondent, being driven in a rash and negligent manner. The appellants filed M.O.P. No. 357 of 1980 Under Section 110-A of the Motor Vehicles Act before the Motor Accidents Claims Tribunal (Second Additional Subordinate Judge) Chengalpattu, claiming a total compensation of Rs. 50,000/-. Regarding the death of another person, who was also seated in the same cycle, the claimant Indraniammal, has preferred M.O.P. No. 154 of 1981 before the same Court claiming a total compensation of Rs. 10,000/-.

(3.) BOTH the petitions were clubbed together and a common enquiry was held. Before the Tribunal, the first appellant examined herself as PW 1 and also examined PWs. 2 to 4. Exts. P-1 to P-10 were marked on their side. On behalf of the respondent, RWs. 1 and 2 were examined and Ex. B-1 was marked.