MANAGING DIRECTOR Vs. AKILA

JUDGEMENT

(1.) BOTH the above appeals have arisen out of the common award passed by the Motor Accidents Claims Tribunal (Principal District Judge), Dharmapuri, in and by award dated 25.06.2013 in M.C.O.P. Nos. 105 & 106 of 2012, respectively. Hence, these appeals are disposed of by way of this common judgment.

(2.) THE respondents 1 to 5 in C.M.A. No. 2507 of 2014 are the legal heirs of the deceased Anandhan and they had filed the claim petition in M.C.O.P. No. 105 of 2014 claiming a sum of Rs. 10 lakhs as compensation. The respondents 1 to 4 in C.M.A. No. 2566 of 2014 are the legal heirs of the deceased Soundarajan and they had filed the claim petition in M.C.O.P. No. 106 of 2014 claiming a sum of Rs. 10 lakhs as compensation.

(3.) THE claims made by the claimants were resisted by the Transport Corporation by filing a counter contending that at the time of accident, the bus bearing Registration No. TN -57 -N -1346 belonging to the appellant was driven by its driver at a moderate speed and the rider of the two -wheeler bearing Registration No. TN -29 -AY -2671 came from the opposite direction in an uncontrollable speed and turned the two -wheeler from left to right without caring the bus and on seeing the same, the driver of the bus turned the bus to the right side of the road in order to avoid the accident. But, in spite of the best efforts taken by the driver of the bus, the two -wheeler hit on the front side of the bus and thus, the two -wheeler got involved in the accident. Hence, according to the Transport Corporation, the accident had occurred only due to the negligent act of the rider of the two -wheeler and therefore, the Transport Corporation is not liable to pay the compensation amount.