JUDGMENT

(Prayer:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 20.04.2022 made in M.C.O.P.No.797 of 2019 on the file of the Special Motor Accident Claims Tribunal, Presiding Officer, Tiruppur.)

R. Subramanian, J.

1. The Transport Corporation is the appellant. Compensation was sought for the death of one Kanchana, who died in a road accident that took place around 7.50 p.m on 24.03.2019. The claimants are the husband and minor children of the deceased.

2. According to the claimants, while the deceased was travelling as a pillion rider in a motor cycle bearing Registration No.TN-42-AA-1950 driven by one Marudhachalam from East to West on the left side of the Kovai – Trichy road near Sulur, the bus belonging to the Corporation, which was driven by its driver in a rash and negligent manner came from behind and hit against the motor cycle, as a result of which, the pillion rider Kanchana died on the spot. A case in Crime No.278 of 2019 was registered on the basis of a First Information Report lodged by one Nagarajan, brother of the deceased. Contending that the negligence on the part of the driver of the bus was the