MANAGING DIRECTOR Vs. G.DHANALAKSHMI

JUDGEMENT

(1.) Being aggrieved by the award, made in MCOP.No.860 of 2005, dated 19.04.2012, by the Motor Accident Claims Tribunal, Principal Subordinate Judge, Tiruchirapalli, the present appeal is filed.

(2.) That on 24.10.2004, about 06.00 P.M., while Gnanaselvan, was returning to home, in a Yamaha Motor Cycle bearing registration No.TN-48/D- 3660, driving on the extreme left side of Trichy to Chennai main road, near a Petrol bunk Pallividai Bridge, a bus bearing registration No.TN-45/N 1003, belonging to the appellant transport corporation, driven by its driver, in a rash and negligent manner, dashed against the motor cycle. Gnanaselvan sustained fatal injuries and died on the way to Hospital. Contending that the accident occurred solely due to the negligence of the driver of the transport corporation bus, wife, minor sons and parents of the deceased, filed MCOP.No.860 of 2005, on the file of the Motor Accident Claims Tribunal, Principal Subordinate Judge, Tiruchirapalli, claiming compensation of Rs.60,00,000/-.

(3.) Resisting the claim petition, the appellant transport corporation filed a counter affidavit, contending inter alia that when the bus was proceeding, on its trip from Trichy to Villupuram, near Pallividai Bridge, the driver of the bus noticed a lorry coming in the opposite direction. Behind the lorry, a motor cyclist was coming in a rash and negligent manner and attempted to overtake a Lorry. On noticing the same, and in order to avoid the accident, driver of the bus, turned the same, to the left side of the road and stopped the bus. Even then, the motor cyclist, dashed against the bus, and thus invited the accident. Therefore, the appellant is not liable to pay compensation. They also contended that the compensation claimed under various heads, as excessive.