METROPOLITIAN TRANSPORT CORPORATION LIMITED Vs. LAKSHMI

JUDGEMENT

(1.) THE appeal is filed by the Transport Corporation which is aggrieved by the award passed by the Motor Accidents Claims Tribunal, Ponneri fixing the liability to pay compensation on the appellant-Corporation.

(2.) THE facts of the matter are on 15.06.1996, Gunasekar the first respondent's husband and the father of respondents 2 and 3 was travelling on the back of a cycle when the bus belonging to the appellant dashed against him resulting in the death of the said Gunasekaran. A claim for a sum of Rs. 5,00,000/- was made for compensation. THE case of the respondents was that the bus was driven at a high speed rashly and negligently by the appellant's bus driver.

(3.) IN these circumstances there is no alternative but to set aside the award and direct the Motor Accidents Claims Tribunal Ponneri to take up O.P. No. 236 of 2000 frame an additional issue regarding negligence and give a finding and thereafter to proceed and decide the Original Petition in accordance with law. The order of the court below is set aside. The Civil Miscellaneous Appeal is remanded to the tribunal at Ponneri for deciding M.C.Q.P. No. 256 of 2000 afresh in accordance with law keeping in mind the above directions. The appellant is entitled to refund of Court-fees. The Tribunal is directed to dispose of the Original Petition within four months from the date of receipt of copy of this order.