MANAGING DIRECTOR Vs. MAHESWARI

JUDGEMENT

(1.) AGGRIEVED by the award passed by the Tribunal, the State Transport Corporation is before this Court challenging the liability and also questioning the quantum.

(2.) ON 24.02.2005, one Mr.Venkatramanan along with his two friends Jagadeesan and Kolanthaivelu travelled by Hero Honda Motorcycle which was hit by the Transport Corporation bus allegedly driven rash and negligently. In the accident, Kolanthaivelu and Venkatramanan died while they were taken for treatment and Jagadeesan survived with grievous injuries. The mother of Kolanthaivelu filed claim petition to the tune of Rs.7,00,000/-.

(3.) ON contest, the Tribunal found that the accident occurred because of rash and negligent driving of the bus and fixed 50% negligence 50% negligence on the rider of the two wheeler observing that the riding of the vehicle was without licence and three persons travelled in the motor cycle. As far as quantum is concerned, it determined at Rs.2,59,000/- and awarded Rs.1,29,000/-as the rider of the two wheeler was also responsible for the accident. Aggrieved by that only the Transport Corporation assailed the award before this Court.