ANNAI SATHYA TRANSPORT CORPORATION Vs. RAHAMATHUNNISA

JUDGEMENT

(1.) CHALLENGING the judgment and decree dated 16. 12. 1997 passed by the Motor Accidents Claims Tribunal (Sub-Court), Krishnagiri in M. C. O. P. No. 306 of 1995, Annai Sathya Transport Corporation has preferred the above civil miscellaneous appeal.

(2.) ACCORDING to respondent-claimant, on 1. 10. 1994 at 1 p. m. , the bus belonging to the transport Corporation, driven rashly and negligently by its driver, dashed against a tanker lorry which was stationed on the left side of the road near Nadup-paiyur and on account of the said accident, her husband and two others died and several others in the bus got severely injured. Thus, it is the case of respondent-claimant that the transport Corporation is liable to pay her a compensation of Rs. 5,00,000 for the death of her husband in the accident caused by the transport Corporation bus driver. On her side, three witnesses including herself were examined and three documents were marked.

(3.) BEFORE the Tribunal, the transport corporation filed its counter contending that the tanker lorry was stationed in the middle of the road without any signal and the accident did not happen due to careless and negligent act of the bus driver. Hence, it was its case that the owner and insurer of the tanker lorry are liable to pay the compensation. The transport Corporation further disputed the claim with regard to age and income of the deceased. But, on its side, no oral or documentary evidence was let in.