THE MANAGING DIRECTOR Vs. J.DHEEBA THIRIBURA SUNDARI

JUDGEMENT

(1.) The first respondent, namely, the Managing Director, Tamil Nadu State Transport Corporation (Madurai Division-III) Limited, Nagercoil, in M.C.O.P.No.1017 of 2002 on the file of the Motor Accident Claims Tribunal ? cum ? I Additional District Court, Tirunelveli, challenging the liability on negligence and quantum of compensation awarded, vide impugned award and decree dated 20.04.2004, had filed this Civil Miscellaneous Appeal.

(2.) The facts briefly narrated for the purpose of disposal of this appeal are as follows:

(3.) Mr.D.Sivaraman, learned Counsel for the appellant Transport Corporation would contend that P.W.2 was also examined as a witness in S.T.C.No.2586 of 2001, in which, the driver of the bus was arrayed as accused and before the said Court, he deposed as P.W.1 that the deceased while riding the motorcycle, was speaking to someone else through his mobile phone and he dashed against the bus and died, however, before the Tribunal, he has supported the claimants and since his version is contradictory, it cannot be relied upon to arrive at a finding that the bus was driven in a rash and negligent manner.