MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION VILLUPURAM DIVISION III LTD Vs. MEENATCHI SATHANANTHAM

JUDGEMENT

(1.) THIS appeal is by the Transport Corporation, challenging the order of the Tribunal on the question of negligence as well as on the award of compensation. The claimants are the wife and two children, one of whom was a minor at the time of the accident.

(2.) THE accident occurred on 28.6.1993 at about 6.30 hours. THE Tribunal went into the evidence of P.W.2, the eye-witness, to come to the conclusion that the driver of the appellant Corporation was negligent in his driving to cause the fatal accident.

(3.) LEARNED counsel appearing for the appellant reiterated the grounds of appeal to submit that the Tribunal went wrong in fixing the liability on the Transport Corporation driver. A perusal of the order of the Tribunal shows that the accident occurred on 28.6.1993 when the deceased travelled in a car. The eye-witness who deposed as P.W.2, stated that while the car was going from Chengalpattu to Chennai, the bus coming from Chennai to Vandavasi, dashed against the car, resulting in the death of five of the occupants in the car. He deposed that the accident occurred due to the negligent driving of the Transport Corporation driver. The First Information Report marked as Ex.A1 as well as Exs.A13 and A14, certified copies of the charge-sheets, showed that the driver of the appellant Corporation was found to be at fault. The Tribunal further noted that the second respondent in the proceedings was the owner of the car involved in the accident.