MANAGING DIRECTOR THE TAMIL NADU STATE TRANSPORT CORPORATION VILLUPURAM DIVISION III LTD Vs. K VIJAY KRISHNA

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the Transport Corporation against the Judgment and Decree dated 25. 02. 1999 in MCOP No. 638/1996 on the file of the Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court at Chennai.

(2.) BACKGROUND facts in a nutshell are as follows:-The deceased K. R. Rukmani Thayar was travelling in the Ambassador Car bearing Registration No. TN-07-A-3100 from north to south direction in the Old Mamallapuram Road in between Pyanoor Village and Pandithamedu Village, i. e. , approximately 1. 5 Kms from Pyanoor Village. At that time, a bus bearing Registration No. TN-31-N-0265, belonging to the appellant Transport Corporation, came from the opposite direction in a rash and negligent manner and dashed against the car in which the deceased was travelling and caused the accident. Due to the accident, the deceased sustained multiple injuries and was admitted in the Government Hospital, Chengalpattu and on the same day, the deceased was shifted to the Apollo Hospital where she died. The driver of the car died on the spot and two other occupants have also sustained severe fractures. The claimant is the son of the deceased. The claimant claimed a compensation of Rs. 12,65,000/- before the Tribunal. The appellant/transport Corporation resisted the claim. On pleading, the Tribunal framed the following issues:-

(3.) LEARNED counsel appearing for the appellant / Transport Corporation submitted that the Tribunal is wrong in holding that the accident had occurred due to the rash and negligent driving of the driver of the bus belonging to Transport Corporation. It is also further submitted that the Tribunal has awarded excessive and exorbitant compensation without basis and justification and that the interest of 12% awarded by the Tribunal is not in accordance with law. Hence, the order passed by the Tribunal is not in accordance with law.