TAMIL NADU STATE TRANSPORT CORPORATION TANJORE Vs. NATARAJAN

JUDGEMENT

(1.) Leave to appeal is granted. The learned counsel appearing for the parties are heard on the merits of the case.

(2.) The facts of this case are peculiar and the procedure adopted and decision rendered by the Division Bench of the High Court is rather strange.

(3.) The appellant is Tamil Nadu State Transport Corporation (referred to as the Corporation for short). On 28-11-1983, respondent No. 1 while driving bus of the Corporation collided against private bus coming from opposite direction. The bus of the private operator was insured with respondent No. 3 United India Insurance Company. As a result of the accident respondent No. 1 who was driver of the bus of the Corporation suffered multiple fractures of his right leg which had to be ultimately amputated. The driver of the Corporation bus filed a claim petition for compensation under the provisions of Motor Vehicles Act, 1939 in the Court of Subordinate Judge, Chidambaram. In the claim petition only the proprietor of the private bus and the insurance company from which it was insured were made parties. The Claims Tribunal i.e. the Court of Subordinate Judge, Chidambaram in its award made on 21-10-1986 came to the conclusion that the cause of accident was due to contributory negligence of the drivers of both the buses and their liability was apportioned to be 50 : 50 per cent. The total quantum of compensation determined by the Tribunal is Rs. 1,20,000/- (Rupees One Lac and Twenty Thousand) only. In view the fact that the claimant as driver of the Corporation bus was negligent to the extent of fifty per cent, the Claims Tribunal fixed joint liability of the private bus owner and its insurance company at Rs. 60,000/- (Rupees Sixty Thousand) only with interest rate at 9% per annum from the date of filing the claim petition.