PANDIAN ROADWAYS CORPORATION LIMITED Vs. SOWRIAMMAL

JUDGEMENT

(1.) THE respondent in the O.P. is the appellant herein. THE respondent herein filed O.P. claiming compensation of Rs.2 lakhs.

(2.) THE case of the claimants is as follows: On 6.6.93 at about 4.00 p.m. in the Tiruchirapalli- Viralimalai Road, the deceased John Maria Joseph was riding his cycle from north to south and when he was hearing Nagamangalam, the respondent bus by overtaking another bus coming from the opposite direction dashed on his cycle, as a result of which the deceased fell down and sustained multiple injuries all over the body and after admitting in the hospital, he died. THE accident occurred due to rash and negligent driving of the respondent driver. THE deceased was 50 years old at the time of the accident. He was earning Rs.50 per day in the coolie work.

(3.) THE Tribunal places reliance upon the evidence of P.W.2 for coming to the conclusion that the accident occurred due to rash and negligent driving of R.W.1. It is in the evidence of P.W.2 that the respondent bus by overtaking another bus coming from the opposite direction dashed on the cycle, as a result of which the deceased fell down and sustained injuries. Ex.A-1 is the certified copy of the first information report. THE Tribunal did not place reliance upon the evidence of R.W.1, the driver of the bus. THE tribunal accepted the evidence of P.W.2 for holding that the accident occurred due to rash and negligent driving of the respondent driver i.e., R.W.1. I hold that the Tribunal has not committed any error on this aspect of the case.