MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION Vs. KUMAR; DURAIRAJ; MANAGER, ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The 1st respondent herein/claimant had filed a claim petition in M.C.O.P.No.365 of 2002, against the appellant herein and two others, stating that on 01.01.2002, at about 08.30 p.m., when the petitioner was travelling as a pillion rider on the motor cycle bearing registration No.TN-39B-7335, along with one Murugesan, who was the rider of the motorcycle and when the motorcyle was proceeding on the Karur to Trichy Main Road, the appellants State Transport Corporation Bus, bearing registration No.TN-45N-1217, coming in the opposite direction and driven by its driver at a rash and negligent manner dashed against the motorcycle. As a result, he had sustained multiple bone fracture injuries. Hence, the claimant has filed the claim petition claiming Rs.15,00,000/- with interest.

(2.) The Tamil Nadu State Transport Corporation, had filed a counter statement and refuted the averments in the claim. The respondent stated that the driver of the bus had driven the bus in a cautious manner and that the accident was caused only due to the high speed and the rash and negligent riding of the rider of the motorcycle, who had dashed against the bus. The respondent further submitted that the motorcycle, was ridden in the middle of the road and if hit against the bumper of the bus. The claim amount is an excessive one.

(3.) The 1st respondent had filed a counter statement and denied that the accident had been committed by him. It was stated that the rider of the motorcycle came at a high speed and dashed his motorcycle against the bumper of the bus and this caused the accident due to his negligence.