MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION LTD Vs. P NANCHUNDAREDDY

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal has been filed by the appellant/second respondent, against the Award and Decree, dated 11.12.2006, made in M.C.O.P.No.30 of 2004, passed by the Motor Accident Claims Tribunal, Sub Court, Hosur, awarding a compensation of Rs.72,000/- together with interest at the rate of 9% per annum, from the date of filing the claim petition till the date of payment of compensation.

(2.) AGGRIEVED by the said Award and Decree passed by the Tribunal, the appellant/second respondent, the Tamil Nadu State Transport CorporationLtd., Dharmapuri, has filed the above appeal praying to set aside the award and decree passed by the Tribunal.

(3.) THE Respondent, in his counter has resisted the claim denying the manner of accident as alleged in the claim. It has been submitted that on 18.08.2003, the driver of the Respondent's bus was driving the said bus in a slow and careful manner, and at about 2-15 p.m in the afternoon, while the bus was proceeding on the road between Perur and Elumpur, as the road was not proper and had inundations on it, some mechanical problems arose in the said bus and due to this the bus and overturned, and resulted in the accident. It was submitted by the Respondent that the petitioner has not sustained any grievous injuries or permanent disability due to the accident. It has also been submitted that the petitioner is in a position to do normal work as before and hence the claim of the petitioner is excessive. As such, it has been prayed by the Respondent to dismiss the claim petition.