THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION LTD Vs. PUSHPA

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/respondent against the Award and Decree, dated 10.12.2007, made in M.C.O.P.No.93 of 2006, on the file of the Motor Accident Claims Tribunal, Chidambaram, awarding a compensation of Rs.11,32,000/ - with 7.5% interest per annum, from the date of filing petition till the date of payment of compensation.

(2.) AGGRIEVED by the said Award and Decree, the appellant/respondent, the Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram, has filed the above appeal praying to set aside the said award and decree.

(3.) THE short facts of the case are as follows: On 3.3.2005, at about 8.55 a.m. when the (deceased) Raja was trave -lling as a passenger in the respondent's bus bearing registration No.TN32 N1701, route No.224D, which was proceeding from Kumbakonam towards Cuddalore and when the bus was nearing Mamangalam bus stop, on the Kumbakonam, Chennai highway, the driver of the bus drove the bus at a high speed and in a rash and negligent manner. As a result of this, the bus deviated from the road and dashed against the barrier on the left side of the road. Consequently, the barrier broke and the bus fell into a ditch and overturned. As a result of this accident, the (deceased) Raja sustained head injuries and died on the spot.