COMMON JUDGMENT

The above Civil Miscellaneous Appeal is filed by the Tamil Nadu State Transport Corporation aggrieved by the judgment and decree of the Motor Accident Claim Tribunal, dated 23.02.2021.

2. The brief facts of the case are as under:

The Petitioner’s son, by name, S.Vinoth Kumar, while driving the motor cycle viz., Bajaj Boxer Motor cycle bearing Registration No.KL-01-AC-8944, while going on the Nagercoil to Kanyakumari Road near Anaipalam, was hit by a bus bearing Registration No.TN-74-N-1684, which came in the opposite direction in a rash and negligent manner. Due to the motor accident the petitioner's son died. The Driver of the Transport Corporation filed FIR on 30.08.2016 and criminal case in Crime No.97 of 2016 under Section 279 and 304-A IPC was registered against the deceased. According to the claimant, the criminal case was falsely foisted by the Driver of the Transport Corporation and the accident occurred only due to the rash and negligent driving of the Driver of the Transport Corporation. The claimant therefore filed a claim application under Section 166 of the Motor Vehicle Act claiming a sum of Rs.40,00,000/- (Rupees Forty Lakhs only) as compensation for the