MANAGING DIRECTOR THE TAMIL NADU STATE TRANSPORT CORPORATION VILLUPURAM DIVISION Vs. T M KRISHNAPRASAD

JUDGEMENT

(1.) THIS appeal is by the appellant/transport corporation against the judgment dated 10.6.1998 made in M.C.O.P.No.4199 of 1995 on the file of Motor Accidents Claims Tribunal (VI Judge, Small Causes Court), Chennai, whereby, the Tribunal has allowed the claim petition filed by the respondent herein and awarded a compensation of Rs.97,679/- (Rupees Ninety seven thousand six hundred and seventy nine only) with interest at 12% p.a., for the injuries sustained by the respondent/claimant, in a motor accident said to have taken place on 15.7.1995 at 7.15 p.m., near a bridge at Kodambakkam High Road.

(2.) ACCORDING to the respondent/claimant, who was examined as P.W.1, on 15.7.1995 at about 7.15 p.m., when he was travelling in his motor cycle, the bus bearing Registration No.TN-01-N-0612, belonging to the appellant/ transport corporation was driven by its driver in a rash and negligent manner and dashed in the front bumper of the motor cycle of the respondent/claimant, as a result of which, he fell down and sustained injuries.

(3.) THE learned counsel for the appellant/transport corporation reiterated the submissions made before the Tribunal and argued that the Tribunal has erred in holding that the accident had occurred only due to the rash and negligent driving of the driver of the appellant/corporation and also erred in awarding compensation of Rs.97,679/- which is on the higher side. THE learned counsel for the appellant also disputed the rate of interest awarded at 12% p.a., which is contrary to the decision of the Apex Court.