LAWS(MAD)-2010-1-702

TAMIL NADU STATE TRANSPORT CORPORATION LIMITED Vs. KARTHEESWARI; SHANMUGA PRIYA; SOLAIMONEY; SHANMUGATHAI; M RAMASAMY; BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, VIRUDHUNAGAR AND KOVILPATTI

Decided On January 19, 2010
TAMIL NADU STATE TRANSPORT CORPORATION LIMITED Appellant
V/S
Kartheeswari; Shanmuga Priya; Solaimoney; Shanmugathai; M Ramasamy; Branch Manager, United India Insurance Company Limited, Virudhunagar And Kovilpatti Respondents

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Transport Corporation challenging the award dated 01.08.2007 made in M.C.O.P.No.50 of 2004, on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Sivakasi.

(2.) The only contention raised by the learned Counsel for the appellant is that the finding of the Tribunal with regard to the negligence on the part of the driver of the bus is erroneous and that the negligence is attributable to the driver of the Tractor Trailor which is also involved in the accident.

(3.) In the appeal, the learned Counsel for the appellant pleaded that the evidence of the conductor is that the driver of the tractor trailor also came in a rash and negligent manner and contributed to the accident and that the evidence of the conductor was rejected by the Tribunal.