R DURAISAMY Vs. D ARUMUGAM

JUDGEMENT

(1.) THIS is an appeal filed by the injured-claimant seeking for enhancement of the compensation awarded by the Tribunal.

(2.) BRIEF facts of the present case are as follows:

(3.) ON the question of negligence and liability, learned counsel for the appellant-claimant strongly relied upon the evidence of the driver of the bus and would submit that R.W.1 driver has stated in his cross-examination that the Transport Corporation Bus left Mangalapuram at 6.00 p.m. and should reach Attur at 6.50 p.m. In other words, the travelling time between Mangalapuram and Attur is 50 minutes to cover a distance of 29 Kms. It is also stated by the driver in his cross-examination that he had covered 25 Kms. and reached the accident site at 6.30 p.m., i.e. 4 Kms. short of Attur in 30 minutes. It is therefore contended by the learned counsel for the appellant-claimant that even as per the evidence of R.W.1 driver, it is clear that the bus was driven in great speed and in a rash and negligent manner and the bus while overtaking a stationary lorry at the time of the accident should have taken due care and caution. If such care and caution had been taken by the driver of the Bus, the accident would not have happened.