(1.) Being aggrieved by the quantum of compensation of Rs.19,73,000/- awarded to the Claimants for the death of deceased Arumugam in the road traffic accident on 18.04.2004, Appellant State Express Transport Corporation has preferred this appeal both on liability and also on quantum.
(2.) Brief facts are that on 18.04.2004 - 12.30 noon, deceased Arumugam was going in his motorcycle bearing registration No.TN-69 E 7500 from south to north in Ettayapuram to Tuticorin road on the north of Navabharath Lorry Shed. At that time the Appellant Transport Corporation bus bearing registration No.TN-01 N 6378 coming from north to south i.e. Ettayapuram-Tuticorin road driven by its driver in a rash and negligent manner and without observing traffic rules and dashed against the motorcycle. Due to the impact, Arumugam was thrown out and sustained fatal injuries. P.W.2-Samuthira Pandi, who was coming in his M.80 motorcycle from north to south in the same road saw the accident and took Arumugam to the Government Hospital, Tuticorin, where Arumugam declared dead. Criminal case was registered against the bus driver in Crime No.98 of 2004 of Thalamuthunagar Police Station under Section 304(A) IPC. At the time of accident, deceased Arumugam was working as Winchman in Tuticorin Port Trust [Cargo Handling Labour Pool] and was earning Rs.15,300/- per month. Alleging that the accident was due to rash and negligent driving of the bus driver and that the family had lost the sole bread winner, Claimants who are wife, children and parents of the deceased have filed Claim Petition claiming compensation of Rs.25,00,000/-.
(3.) Resisting the Claim Petition, Appellant Transport Corporation filed counter contending that the bus bearing registration No.TN-01 N 6378 was proceeding from Madras to Tuticorin and at about 12.30 p.m. While the bus was coming from north to south in Tuticorin Ettayapuram main road and on the north of Navabharath Lorry Shed, the driver of the bus drove the same slowly in a careful manner, cautiously and observing traffic rules and also on the extreme left side of the road. At that time a lorry was coming on the opposite direction in a high speed and behind that deceased was driving the motorcycle and deceased suddenly overtook the lorry in a high speed with rash and negligent manner. It is further averred that the accident happened due to the carelessness and negligent act of the deceased. Therefore, the driver of Appellant Transport Corporation is no way responsible for the alleged accident and that Appellant Transport Corporation is not liable to pay any compensation to the Claimants.