MANAGING DIRECTOR Vs. MANJULA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant- Transport Corporation to set aside the judgment and decree dtd. 17/9/2019, made in M.C.O.P. No.537 of 2018, on the file of the Special District Court, (Motor Accident Claims Tribunal), Krishnagiri.

(2.) The appellant is the respondent in M.C.O.P. No.537 of 2018, on the file of the Special District Court, (Motor Accident Claims Tribunal), Krishnagiri. The respondents/claimants filed the said claim petition, claiming a sum of Rs.25,00,000.00 as compensation for the death of one Anbalagan who died in the accident that took place on 25/7/2016.

(3.) According to the respondents, on the date of accident, after attending some personal work, the deceased Anbalagan was returning to his house in a Motorcycle bearing Registration No.AP-03-BG-0387 slowly and cautiously in the left side of the road. At about 11.45 hours, while riding near a Well at Sivanandapuram Village on Kuppam to Tirupattur road, the driver of the Bus bearing Registration No.AP-21-Z-0346 owned by the appellant-Transport Corporation, who was coming in the opposite direction towards Tirupattur in a rash and negligent manner, lost control and dashed against the Motorcycle driven by the deceased and caused the accident. Due to the said impact, the deceased was thrown out from the Motorcycle, sustained fatal injuries and died in the Hospital. The accident occurred only due to rash and negligent driving by driver of the Bus owned by the appellant and hence, the respondents filed the said claim petition claiming compensation against the appellant-Transport Corporation as owner of the Bus.