MANAGING DIRECTOR, TAMIL STATE TRANSPORT CORPORATION, SALEM Vs. PUSHPA AND ORS

JUDGEMENT

(1.) Aggrieved by the award dated 21-12-2006 made in M.C.O.P. No. 86 of 2004, on the file of the Motor Accidents Claims Tribunal (Sub Judge), Mettur, the appellant- Transport Corporation has preferred this appeal.

(2.) Brief facts of the case are as follows On 30- 3-2004, about 8.30 p.m. when the deceased was walking on Mettur-Salem Road, on the extreme left side of the road, near Workshop Corner, a bus bearing Registration No. TN 27 N 0518, owned to the appellant-Transport Corporation, came in a rash and negligent manner, dashed against him. Immediately, he was taken to Government Hospital, Mettur and despite intensive treatment, he succumbed to the injuries. In this regard, a case in Cr. No. 127 of 2004 has been registered against the driver of the bus, for the offences under Section 304 (A), IPC, on the file of Mettur Police Station. According to the legal representatives, the deceased was aged 50 years, a Fisherman and earned L6,000/- per month. They preferred a claim for L5,00,000/-.

(3.) The Transport Corporation resisted the claim application, contending inter alia that the driver of the bus was not negligent and it was the deceased, who was in an intoxication mood, fell down on the bus and sustained fatal injuries. Without prejudice to the above, they disputed the age, avocation, income of the deceased and the compensation claimed under various heads.