MANAGING DIRECTOR Vs. SUBRAMANI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the Judgment and Decree dated 19.3.2003 made in MCOP. No. 1478 of 2001 by the learned II Additional District Judge (MACT) Erode, whereby the Tribunal awarded a sum of Rs. 1,65,000/- as total compensation with interest at 9 per cent p.a. from the date of the claim petition till the date of realization to the claimants/the Respondents 1 and 2 herein, who are the husband and son of the deceased Mariammal, who died in the motor accident that had occurred on 6.8.2001. The facts are that on 6.8.2001, while the deceased was travelling as a pillion rider in the TVS Motorcycle bearing No. TN-33-K-5487 ridden by one Rangasamy from East to West direction on the left side of the road, the bus belonging to the Appellant Corporation hit against the right handle bar of the motorcycle, as a result of which, the deceased sustained fatal injuries. She was immediately taken to the Government Hospital, Erode, where she was declared as dead. The claimants claimed a compensation of Rs. 6 lakhs before the Tribunal, contending that the bus was driven by its driver rashly and negligently and was responsible for the accident.

(2.) The claim petition was resisted by the Appellant Transport Corporation by filing a counter, wherein it is stated that when the bus was proceeding on Mettupalayam Erode Road, near Pallipalayam, it was stopped due to traffic jam. At that time, a tractor bearing Reg. No. TN-G-3226 came from behind the bus and dashed against the bus and caused damages to the bus. When the officials of the Transport Corporation were inspecting the damages, the rider of the motorcycle carrying two persons came, in the opposite direction ridden in a reckless speed came to the wrong side of the road and dashed against the stationary bus and thereby, voluntarily invited the accident and contributed to the accident.

(3.) The Tribunal, after analysing the evidence placed on record, came to the conclusion that that the entire negligence was on the part of the bus driver and so holding, awarded compensation as stated above to the claimants.