MANAGING DIRECTOR Vs. M.SURESH

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed against the judgment and decree dated 17.04.2015 made in M.C.O.P.No.3501 of 2010 on the file of Motor Accident Claims Tribunal, (VI Small Causes Court), Chennai.

(2.) The Tamil Nadu State Transport Corporation, Villupuram Region, filed the present appeal, mainly on the ground that the Driver of the Corporation Bus was proceeding in the bus slowly and cautiously at the time of accident and therefore, the Driver of the Transport Corporation Bus had not committed any act of negligence or otherwise.

(3.) The Tribunal had committed an error in relying upon the evidence of the Claimant's side in respect of the negligence and the witness, who deposed is the interested witness and under those circumstances, the Tribunal ought not to have trusted upon the interested witness for the purpose of granting higher compensation. The Tribunal has not considered the grounds raised by the Transport Corporation in the right perspective. The evidences of P.W.1 and P.W.2 was erroneously considered for the purpose of considering the huge compensation. Thus, the award is liable to be set aside.