MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION LIMITED Vs. GOVINDAN

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Transport Corporation against the Award, dated 05.12.2002, made in M.C.O.P.No.405 of 1996 by the Motor Accident Claims Tribunal (Additional District Court), Dharmapuri.

(2.) THE facts of the case in a nutshell are as follows: THE claimant has met with an accident that took place on 21.04.1996 at about 18.30 hours. THE claimant was proceeding in his bicycle on the left side of the road. While he was proceeding near Dharmapuri to Salem National Highways Road opposite to Central Silk Board, at that time, the bus bearing Reg.No.A.S.T.C.T.No.29.0707, belonging to the appellant-Transport Corporation came in a rash and negligent manner and dashed against the claimant. THE injuries sustained by the claimant were Reddish Abrasion 2X1cm on forehead, reddish abrasion 3 cm on right cheek, reddish abrasion 2X1cm on nose, reddish abrasion 2x1cm on right wrist, reddish abrasion 2x1 cm on right and left knee each and tenderness over chest. Due to the accident, the claimant fell down from the cycle and sustained grievous injuries all over his body. Immediately, he was admitted in the Government Hospital, Dharmapuri. He claimed a sum of Rs.3,25,750/- as compensation but restricted to Rs.2,00,000/. THE appellant-Transport Corporation has resisted the claim. On pleadings, the Tribunal framed the following issues:- 1. Whether the accident had happened only due to the rash and negligent driving of the driver of the bus bearing Registration No.TN-29.0707? 2. Whether the claimant is entitled to receive compensation?

(3.) THE learned counsel appearing for the respondent-claimant would submit that considering the facts and circumstances, the Tribunal awarded the compensation after a perusal of the relevant materials and evidence on record and came to the right conclusion and awarded a just, fair and reasonable compensation. Hence, the Order of the Tribunal is in accordance with law and the same has to be confirmed.