JUDGEMENT
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(1.)This appeal is filed by the appellants questioning the correctness of the judgment and final Order dated 30.01.2002 passed by the High Court of Judicature at Madras in Civil Misc. Appeal No. 1487 of 1999, urging various facts and legal contentions in justification of their claim.
(2.)Necessary relevant facts are stated hereunder to appreciate the case of the appellants and also to find out whether the appellants are entitled for the relief as prayed in this appeal.
(3.)The deceased, while going on his motorcycle from Vellore to Kannamangalam, collided with the bus of the respondent-Corporation as a result of which he sustained fatal injuries and died on the spot. The legal representatives of the deceased viz, his wife and two minor children filed M.C.O.P. No. 539 of 1994 contending that the accident occurred solely because of the rash and negligent driving of the bus of the respondent- Corporation. If the driver of the bus had driven the bus with carefulness, there might have been no possibility of dragging the deceased along with the motorcycle for a distant of 120 feet. The appellants- claimants claimed an amount of [pic]20 lakhs compensation for the death caused by the respondent.
The Tribunal, after considering the material evidence on record of P.W.1 and P.W. 2 and R.W.1 and the ten exhibits filed on behalf of the appellant- claimants, found that the accident has occurred only due to rash and negligent driving of the driver of the bus of the respondent-Corporation. Therefore, the learned judge, holding the monthly income at [pic]15,000/- and adopting the multiplier of 18, determined a sum of [pic]32,40,000/- as compensation. However, he restricted the sum of compensation to [pic]20,90,000/-, since that was the amount claimed by the appellants- claimants. The Tribunal further awarded interest @12% per annum on the said amount.