- (1.) These Civil Miscellaneous Appeals are filed by the Tamil Nadu State Transport Corporation Limited, Salem and the claimant respectively against the Judgement and Decree dated 27.7.2005 made in MCOP.No.1078/1999 by the learned Chief Judicial Magistrate (MACT) Namakkal.
(2.) The Appellant/Claimant sustained injures in the accident that occurred on 15.5.1998 at 5.30 a.m. when he was travelling as a Conductor in the bus bearing Reg.No.TN-27-N-0629 belonging to the Appellant/Transport Corporation. The claimant claimed a sum of Rs.32,22,995/- as total compensation before the Tribunal. The Tribunal awarded a sum of Rs.6,31,250.38/- as total compensation with interest at 7.5 per p.a. from the date of the claim petition till the date of realization. As against the same, these appeals have been filed by the Transport Corporation and the claimant respectively.
(3.) Mr.P.Jagadeeswaran, the learned counsel for the Appellant/Transport Corporation submitted that the Tribunal has not taken into consideration the totality of the evidence on record and pointed out that had the Tribunal considered the same, it would have come to the conclusion that there was negligence on the part of the driver of private bus bearing Reg.No.TN-33-D/6979 owned by the 2nd Respondent and insured with the 3rd Respondent Insurance Company. The learned counsel would submit that in view of the fact that there was collision between the two vehicles, the Tribunal ought to have held that it was composite negligence on the part of both the drivers. He would further submit that in any event, the Tribunal ought to have held that the driver of the private bus had contributed to the negligence to some extent and apportioned the same on the part of the driver of the private bus.;