MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION, VILLUPURAM Vs. SUSILA; MINOR AYYAPPAN; ANDI; RAMAYI

JUDGEMENT

(1.) An accident has occurred on 08.01.2011 about 11 am., involving two vehicles, viz., a two wheeler bearing Regn.No.TN46 D 7669 and a transport corporation bus bearing Regn.No.TN32 N 2587. In the collision, one Ramachandran died. Legal representatives, wife, minor aged about 4 years and parents have filed MCOP No.57 of 2011 on the file of MACT (Sub Judge), Kallakurici, claiming compensation of Rs.20,00,000/-. At the time of accident, the deceased was stated to be a farmer and labourer.

(2.) The State Transport Corporation in its counter affidavit, has disputed negligence attributed against its driver. According to the Transport Corporation, the vehicle was driven from Vellimalai to Kallakurichi, by observing traffic rules, at a normal speed and when the bus was proceeding between Kodunthurai to Kudiyanathan, there was a 'U'-turn and it was the deceased, who, by his negligent riding dashed against the bus. For the above reasons, the Transport Corporation denied negligence and their consequential liability. Without prejudice to the above, the transport corporation disputed the age, income of the deceased and the quantum of compensation claimed under various heads.

(3.) Before the claims tribunal, wife of the deceased examined herself as PW1 and reiterated the manner of accident. PW2, is the eye witness. Ex.P1 dated 08.01.2011, FIR and Ex.P2, dated 09.01.2011 post mortem certificate have been filed on the side of the claimants. RW1, is the driver of the bus, involved in the accident. No document has been filed on behalf of the transport corporation.