LAWS(MAD)-2007-1-419

MANAGING DIRECTOR THE TAMIL NADU STATE TRANSPORT CORPORATION VILLUPURAM DIVISION III LTD Vs. B SHOWKATH BASHEER

Decided On January 29, 2007
MANAGING DIRECTOR, THE TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM DIVISION III) LTD. Appellant
V/S
B. SHOWKATH BASHEER Respondents

JUDGEMENT

(1.) THE appellant-Transport Corporation has preferred this Appeal aggrieved by the award of the Tribunal, dated 28.04.2000 in M.C.O.P. No.523 of 1996 on the file of the Motor Accidents Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.

(2.) THE claimant in M.C.O.P. No.523 of 1936 is the husband of the claimant in M.C.O.P. No.603 of 1996. On 09.10.1995, when the respondent herein was riding his motor-cycle with his wife Zarina, as pillion rider on Anna flyover, a bus owned by the appellant-Transport Corporation, driven rashly and negligently by its driver, hit the motor-cyclist and he sustained fracture of right leg and his wife sustained fracture in both hands. THE respondent/ claimant also sustained multiple injuries. THE respondant/claimant contended that the accident occurred only due to the rash and negligent driving of the driver of the bus and claimed compensation of Rs.12,00,000/-.

(3.) THE Tribunal on evaluation of pleadings and evidence found that the driver of the bus was responsible for the accident and held that the Transport Corporation is liable to pay compensation of Rs.4,64,001/ - to the claimant harein. Heard both sides.