CHOLAN ROADWAYS LTD Vs. G THIRUGNANASAMBANDAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 6-6-2001 passed by a Division Bench of the Madras High Court in W.A. No. 46/1993 as also the judgment and order passed by the learned Single Judge of the said Court in a Writ Petition No. 11113/88 whereby and whereunder the writ petition filed by the Appellant herein for setting aside order dated 29-4-88 passed by the Industrial Tribunal, Tamil Nadu, Madras in Approval Petition No. 125 of 1985 rejecting the grant of approval sought for as regard order of dismissal passed against the Respondent herein was dismissed.

(2.) The factual matrix of the matter is not much in dispute.

(3.) The Respondent herein was a driver of a bus bearing No. TMN-4148 plying between Tanjore and Nagapattinam. On 18-5-1985 while the said bus was driven by the Respondent herein it met with an accident resulting in death of 7 passengers. According to the Appellant the said bus was being driven in a rash and negligent manner. The road at the place of the accident was 300 ft wide and straight one. The Respondent allegedly despite noticing that another bus was coming from the opposite direction did not slow down the vehicle in order to avoid collision therewith. It is said that the Bus was being driven at a speed of 80 k.m.p.h. The bus driven by the Respondent herein is said to have swerved suddenly to the extreme left side of the road which was lined with tamarind trees on both sides. The impact of the said collusion was so severe that the bus dashed against the protruding branches and stumps of the tamarind trees, then dashed against the bus resulting the left side of the bus completely damaged as a result whereof 7 passengers died and several persons were seriously injured.