MANAGING DIRECTOR Vs. K SENTHAMIZH SELVI

JUDGEMENT

(1.) THESE two Civil Miscellaneous Appeals have been filed by the Managing Director, M. G. R. Transport Corporation Limited, Kanchipuram (presently called as Tamil Nadu State Transport Corporation Limited, villupuram, Division " III) (hereinafter referred to as � the Transport corporation) challenging the common decree and judgment passed by the Motor accident Claims Tribunal, III Judge, Small Causes Court, Chennai (hereinafter referred to as � the Tribunal� ) made in M. C. O. P. Nos. 1484 of 1993 and 1651 of 1993 dated 03. 07. 1997. The claimant in M. C. O. P. No. 1484 of 1993 and the first respondent in C. M. A. No. 58 of 1998 has filed a Cross Objection No. 42 of 2000. Since these two appeals are arising out of a common judgment of the Tribunal, I propose to decide the same together.

(2.) FOR the death of P. Gurusamy, K. Senthamizh Selvi, the wife of the deceased, has filed a petition claiming compensation of rs. 7,50,000/- and the parents of the deceased have filed a petition claiming compensation of Rs. 2 lakhs.

(3.) ON the other hand, the Transport Corporation has filed a common counter before the Tribunal and contended that: a. when its bus bearing Registration No. TML 8860 was driven by its driver at a medium speed in Sardar Patel Road opposite to Anna university, Chennai, on seeing the deceased crossing in a place prohibited for pedestrians, the driver applied brake and tried to steer the bus on the right side, yet dashed against the deceased unexpectedly and thus, the accident was caused, b. the accident was caused only due to the negligence and carelessness of the deceased and hence, the petitions have to be dismissed.