TAMIL NADU STATE TRANSPORT CORPORATION LTD Vs. N THANGAVEL

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Transport Corporation against the award dated 02.01.2004 made in MCOP No.143 of 1999 by the Motor Accident Claims Tribunal, (Sub Court), Udumalaipet.

(2.) BACKGROUND facts in a nutshell are as follows:- On 08.05.1999 at about 10.40 am, while the deceased Manikandan was travelling in a bus bearing registration No.TN 58 N 0011 belonging to the appellant-Transport Corporation from Rajapalayam to Madurai on Srivillipudhur to Madurai Main Road near Lakshmipuram, the driver of the bus the 3rd respondent herein, drove the same in a rash and negligent manner and hit against the tamarind tree. Due to the said impact, the deceased died on the spot. The claimants are father and mother of the deceased. They claimed a sum of Rs.13,03,500/- as compensation, but restricted their claim to Rs.10,00,000/- before the Tribunal. The appellant-Transport Corporation resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimants PWs.1 and 2 were examined and documents Exs.P1 to P5 were marked. On the side of the respondents RW1-M.K.Durai, was examined and no document was marked to substantiate their claim. PW1-N.Thangavel, is the father of the deceased. PW2-Manivel is an eyewitness to the accident. Ex.P1 is the First Information report. Ex.P2 is the Charge Sheet. Ex.P3 is the Motor Vehicle Inspector's Report. Ex.P4 is the Postmortem Report. Ex.P5 is the Xerox copy of the Ration Card. After considering the above oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the bus belonging to the appellant-Transport Corporation and the finding is based on valid materials and evidence.