METROPOLITAN TRANSPORT Vs. V. KASTHURI

JUDGEMENT

(1.) THE Transport Corporation is the appellant which is challenging the award passed by the Tribunal on the ground that no finding has been given regarding negligence by the learned Judge.

(2.) THE case of the appellant is that the bus had stopped at the Ethiraj College Stop and then after all the passengers boarded the bus, the conductor blew the whistle and only then the bus driver started the bus. At this juncture, the deceased whose legal heir the respondent attempting to climb the moving bus slipped and fell down and died.

(3.) WHILE the Tribunal has given detailed reasoning for arriving at the quantum of compensation, it has failed to consider the basic issue that the liability to give compensation will not arise until the negligence is fixed on the Transport Corporation who is the appellant herein. There is absolutely no discussion in this regard or any finding. In this circumstance, there is no option to set aside the award of the Court below, directing the Motor Accident Claims Tribunal at Ponneri to consider the issue of negligence and render a finding thereon and thereafter pass an award in accordance with law.