TAMILNADU STATE TRANSPORT CORPORATION Vs. VASANTHA

JUDGEMENT

(1.) THIS appeal has been preferred against the award passed in M. C. O. P. No. 330 of 1996 dated 9. 12. 1997, on the file of the Motor Accidents Claims Tribunal - Principal District Judge, Sivagangai. The State Transport Corporation is the appellant herein. The facts of the case in brief are as follows:

(2.) ON 11. 7. 1996, at about 10. 15 p. m. , when the deceased was proceeding on Madurai Mandapam National Highways Road on the extreme left hand side of the road, a bus bearing Registration No. TN-45-0329, belonging to the respondent/state Transport Corporation, was driven by its driver in a rash and negligent manner and dashed against the deceased Ulaganathan, causing instantaneous death to him. At the time of the accident, the deceased Ulaganathan was working as a supervisor in a Spinning Mill by name, Somasundaram Super Spinning Mill and drawing Rs. 3,000/- per mensem towards his salary. The claimants have filed the claim petition claiming Rs. 4 lakhs towards compensation.

(3.) THE respondent has filed a counter contending that the driver of the bus bearing Registration No. TN-45-0329, was driving the bus in a moderate speed following the traffic rules at the time of the accident and since, the deceased had suddenly crossed the road without observing the traffic rules, dashed against the bus and sustained grievous injuries and died and that the accident had not occurred due to the rash and negligent driving of the driver of the bus bearing Registration No. TN-45-N-0329.