LAWS(MAD)-2016-12-117

MURUGAN Vs. TAMIL NADU STATE TRANSPORT CORPORATION LTD., THROUGH ITS MANAGING DIRECTOR, OFFICE AT NO.2, TRIVANDRUM ROAD, VANNARPETTAI, TIRUNELVELI

Decided On December 09, 2016
MURUGAN Appellant
V/S
Tamil Nadu State Transport Corporation Ltd., Through Its Managing Director, Office At No.2, Trivandrum Road, Vannarpettai, Tirunelveli Respondents

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the appellant-Transport Corporation against the award of Rs.6,47,800.00 (Rupees Six Lakhs Forty Seven Thousand and Eight Hundred only) to the respondent/claimant as compensation for the disability sustained by him out of the accident occurred on 28.10.2014, when he was riding his bicycle on the left hand side of Tirunelveli - Courtrallam main road, near Akbar Hospital and knocked by the appellant-Transport Corporation bus driven in a rash and negligent manner. Therefore, the claim petition.

(2.) On contest, the Tribunal found that the accident occurred because of the rash and negligent driving of the driver of the appellant-Transport Corporation bus and awarded a sum of Rs.6,47,800.00 (Rupees Six Lakhs Forty Seven Thousand and Eight Hundred only). Challenging the same, the present appeal.

(3.) Mr.P.Prabhakaran, learned Counsel for the appellant- Transport Corporation would submit that the accident occurred because of the fact that when the respondent was riding his bicycle on the left hand side of the road, without any sign, suddenly he turned right side and fell down and therefore, the driver of the appellant-Transport Corporation bus is not responsible for the accident.