LAWS(MAD)-2012-7-588

MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LTD Vs. THEIVANAI; RAMASAMY; SHANTHAMANI; RAMATHAL

Decided On July 30, 2012
MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LTD Appellant
V/S
Theivanai; Ramasamy; Shanthamani; Ramathal Respondents

JUDGEMENT

(1.) In this appeal, the Transport Corporation disputes the negligence question and also the quantum of compensation awarded by the Tribunal.

(2.) According to the learned counsel for the appellant, when the Tribunal rejected the evidence of P.W.2, the eye witness, it ought not to have fastened negligence on the bus driver. Further, the Tribunal had ignored the deductions and taken into account the entire gross salary of the deceased. This has resulted in granting excessive compensation.

(3.) The learned counsel for the respondents contended that the non-examination of the conductor tells upon the Corporation's case. The Tribunal had taken correct income and calculated the eligible compensation amount.