LAWS(MAD)-2005-12-4

JEEVA TRANSPORT CORPORATION Vs. K VISWANATHAN

Decided On December 08, 2005
JEEVA TRANSPORT CORPORATION Appellant
V/S
RAJENDRAN Respondents

JUDGEMENT

(1.) AGGRIEVED by the award of the Motor Accident Claim Tribunal (Sub court) Gopichettipalayam dated 14. 2. 1997, erstwhile Jeeva Transport corporation, Erode has filed the above appeal.

(2.) IN respect of grievous injuries sustained in a Motor Vehicle accident that took place on 29. 5. 1994, the first respondent herein claimant prayed for a compensation of Rs. 5 lakhs. The Tribunal based on the materials placed, after finding that the accident was caused due to the negligence of the driver of the Transport Corporation Bus, passed an award for rs. 2 lakhs with interest at 15 per cent from the date of petition, till the date of deposit.

(3.) LEARNED counsel appearing for the appellant after taking us through the award of the Tribunal has raised the following contentions: "i) The Tribunal committed an error in holding that the bus driver was also equally responsible for the accident. The Tribunal ought to have fastened the entire liability in favour of the Lorry owner/ Insurance company. ii) The amount awarded by the Tribunal is excessive.