PALLAVAN TRANS CORPN Vs. SASROJ GOYAL

JUDGEMENT

(1.) AGGRIEVED by the award of the Motor Accidents Claims Tribunal (Chief Judge, Small Causes Court), Madras in M.A.C.T.O.P. No. 1998 of 1993 dated 5.8.96, Pallavan Transport Corporation (for short 'the Corporation') has filed the above appeal. Regarding disallowed claim, the claimants have filed the cross -objection No. 38 of 1998.

(2.) SINCE the appeal and cross -objection arise from the same order, they are being disposed of by the following common judgment.

(3.) IT is seen that the accident took place on 7.4.1993 at 2.20 p.m., in Kilpauk Garden Road, Madras involving the bus belonging to Pallavan Transport Corporation and the deceased who was coming in a motor cycle sustained multiple injuries. He died in Apollo Hospital on 10.4.93 due to the injuries sustained in the course of the said accident. It is the case of the claimants that the accident was caused solely due to rashness and negligence on the part of the driver of the bus and on the other hand the Corporation has denied any rashness and negligence on the part of its driver.