ORIENTAL INSURANCE CO.LTD Vs. KALPANA

JUDGEMENT

(1.) THE appeal is filed by the Insurance Company challenging the finding of negligence and quantum of compensation. The deceased-K.Lingam, aged 29 years, working as conductor and earning a sum of Rs.4,033.00 per month, died in an accident that took place on 10.05.2007, when he was serving as conductor in the bus bearing Registration No.TN-67-M-6468.

(2.) ACCORDING to the averments in the claim petition, the bus started its journey at Tirunelveli and it was proceeding towards Rajapalayam, and when the bus was negotiating a curve, the driver applied sudden brake which made the conductor to fell down from the bus and thus he happened to die in the accident.

(3.) WHETHER the finding of the Tribunal that the driver of the bus alone is negligent is the issue to be considered in this appeal.