Balu v. the Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2019

CORAM:

THE HONOURABLE MRS. JUSTICE R. HEMALATHA

CMA.No.697 of 2008

1.Balu
2.Vijaya ...Appellants
..Vs..
1.The Managing Director,
Tamil Nadu State Transport Corp. Ltd.,
Kumbakonam Division II,
Periyamilaguparai,
Trichirapalli. ... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of
the Motor Vehicles Act, 1988 against the decree and Judgement
dated 22.11.2004 passed in M.C.O.P.No.202 of 2002 on the file
of the Motor Accidents Claims Tribunal / Subordinate Court,
Ariyalur.
For Appellants : Mr.M.Selvam
for Mr.K.Venugopal
For Respondent : Ms.V.Hemalatha
for Mr.D.Venkatachalam
J U D G M E N T

The appellants are the claimants in MCOP.No.202 of 2002 on the file of the Motor Accidents Claims Tribunal / Subordinate Court, Ariyalur. They filed the claim petition under Sections 140 and 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.5,00,000/- for the death of their son Rajadhurai, aged nine years, in a road accident that took place on 25.04.2002.

1. The case of the claimants is that on 25.04.2002, at about 09.15 pm, when the first claimant was riding his bicycle with his sons Rajadhurai and Radhakrishnan along Ponnusami Aranmanai Street, Ariyalur, a speeding bus bearing Registration No. TN 45 N 1614 belonging to the Tamil Nadu State Transport Corporation Limited hit the bicycle, as a result of which, all of them fell down and both Rajadhurai and Radhakrishnan died on the spot.