MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LIMITED Vs. T KRISHNAVENI; T SANTHAKUMAR; T UMA MAHESWARI; SOUTH INDIA CORPORATION LIMITED; ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The appellant / first respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.1227 of 2003, on the file of Motor Accidents Claims Tribunal, III Additional District and Sessions Judge, (PCR), Madurai.

(2.) The short facts of the case are as follows:-

(3.) The first respondent, in his counter has denied the averments in the claim regarding manner of accident. It was submitted that on 06.10.1998, at about 1.15 a.m., when the driver of the first respondent's bus bearing Registration No.TN-59-N-0944, was driving the bus in a careful manner, on the left side of the road at Madurai-Virudhunagar National Highways, the second respondent's lorry bearing Registration No.TN-01-H-7544, was driven by its driver in a semi-conscious state of mind and was suddenly stopped in the middle of the road by applying sudden brake, and in the result and in spite of the best efforts of the driver of the first respondent's bus to avoid a collision, the bus had dashed on the rear side of the lorry. It was submitted that in the same accident, some other passengers were also injured. It was submitted that the second respondent's lorry driver, in order to project that he was not wrong had rushed to the police and filed the F.I.R. against the driver of this respondent.