1. In the accident, which occurred on 17.04.2000, one Sivakumar died. A case in Crime No.123 of 2000 has been registered against the driver of the State Transport Corporation bus, bearing Registration No.TN-35N-0785, on the file of TIW(West) Police Station. According to the legal representatives, wife and parents, at the time of accident, the deceased was aged 27 years and as a Computer Operator, earned Rs.4,000/- per month. They claimed compensation of Rs.4,00,000/-.

2. It is the contention of the claimants that on 17.04.2000, about 03.10.PM, when the deceased was riding a motor cycle, bearing Registration No.TN-37R-5889, near Anna Tea Coffee Bar on Oppanakara Street, from South to North direction, the abovesaid Transport Corporation bus, bearing Registration No.TN-35N-0785, driven in a rash and negligent manner, by its driver, dashed against the motor cyclist. The bus ran over his head and he died on the spot.

3. Opposing the claim, the Transport Corporation has contended that on that day, it was raining heavily. The bus was stopped at Oppanakara Street first bus stop. Due to rain, the road was full of dust and sand. At that time, the motor cyclist overtook a bus, lost