LAWS(MAD)-2010-2-246

MANAGING DIRECTOR TAMILNADU STATE EXPRESS TRANSPORT CORPORATION LTD Vs. KASTHURI

Decided On February 22, 2010
MANAGING DIRECTOR TAMILNADU STATE EXPRESS TRANSPORT CORPORATION LTD. Appellant
V/S
KASTHURI Respondents

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/respondent against the Award and Decree, dated 24.03.2006, made in M.A.C.T.O.P.No.241 of 2002, on the file of the Motor Accident Claims Tribunal, Sub-Court, Madurantakam, awarding a compensation of Rs.3,64,000/- together 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 Express Transport Corporation Ltd., Chennai-2 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 averments in the claim as regards the manner of the accident. It has been submitted that the bus was proceeding from Chennai to Mayiladuthurai and driven at normal speed and according to traffic rules and regulations and that the accident had occurred only because the (deceased) suddenly and rashly crossed road. It was submitted that the petitioners alone were responsible for the accident had courted the accident.