JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act 1988, against the Award dated 26.06.2007 made in M.C.O.P.No.368 of 2005 on the file of the Motor Accidents Claims Tribunal, Bhavani (Sub Court, Bhavani).)

1. This Civil Miscellaneous Appeal is filed by the unsuccessful claimants whose MCOP.No.368 of 2005 filed seeking compensation of Rs.4,40,000/- has been rejected by the Tribunal.

2. As per the claim petition averments, on 01.12.2003 at about 9.30 a.m., Gandhi who driven TVS 50 vehicle with 1st claimant as pillion rider, travelled on National HIghways Road, Karuthampatti. At that time, the bus belonging to 2nd respondent bearing Reg.No.33-1506 came on the same direction which was driven in a rash and negligent manner and hit on the rear side of the two wheeler. In the resultant accident, both Gandhi and the 1st claimant sustained injuries. Gandhi has been admitted in CMC Hospital, Coimbatore and then he was taking treatment in the Government Hospital, Mettur. Since his condition worsened, he died on 10.04.2004. Therefore, the claimants claimed Rs.4,40,000/- as compensation.

3. The 2nd respondent transport corporation filed counter before the