Desai, J. - (1.) Special leave granted.
(2.) One Muthukrishnan was working as a process server in the District Court at Madurai in Tamil Nadu State. While he was proceeding on his way on November 15, 1978 for serving summons and was passing by Madurai-Melur Road near the Court house, one R. Chandrasekaran, the driver driving a passenger bus No. TMN 5130 belonging to Pandian Roadways Corporation, Madurai a public sector corporation rashly and negligently. dashed against Muthukrishnan and injured him. Injured was admitted in the hospital and he died 19 days after the accident. The widow of Muthukrishnan and her sons and daughters, appellants in this appeal moved a petition to recover compensation for the loss suffered by them. In the petition the claim was for a round sum of Rs. 66,000/- (Rupees sixty six thousand) made up of various items. The Motor Accident Claims Tribunal held that accident was attributable to the rash and negligent driving of the bus by its driver and the respondents are liable to pay compensation. The Tribunal computed the compensation at Rs. 40,500/- and made an award directing the respondents to pay the balance of the amount of Rs. 30,500/- after taking credit for Rs. 10,000/- which the dependents of the deceased had received under the Family Benefit Scheme. The award thus directed the respondents to pay Rs. 30,500/-.
(3.) Pandian Roadways Corporation, the owner of the bus involved in the accident filed an appeal being appeal against Order No. 384 of 1980 in the High Court of Judicature at Madras. This appeal came up for hearing before a Division Bench of the High Court. The learned Judges of the High Court affirmed the finding that the driver was rash and negligent in driving the bus and rash and negligent driving of the bus was the proximate cause of the accident in which late Muthukrishnan suffered the injury as a result of which he died. The High Court also confirmed the finding that the Pandian Roadways Corporation is liable to pay the compensation for the loss suffered by the appellants on account of the death of Muthukrishnan.;