PANDIAN ROADWAYS CORPORATION LTD. Vs. SANKARAMMAL

JUDGEMENT

(1.) THE Pandian Roadways Corporation Ltd. has filed an appeal against the award of the Motor Accidents Claims Tribunal, Madurai dated 12.2.1997 in M.C.O.P. No. 743 of 1995.

(2.) THE respondents herein have filed the said claim petition claiming a compensation of Rs. 5,00,000/ - for the death of one Pahlraj alias Kalappa Gounder, the respondent No. 1 is the wife of the deceased, the other respondents are the children.

(3.) AFTER considering the evidence, the Tribunal has found that accident occurred only due to the rash and negligent driving of the bus by the driver. The Tribunal accepted the evidence of PW 2 who is an independent witness as well as an eyewitness. A perusal of the award of the Tribunal clearly reveals that the evidence of PW 2 has not been challenged by the respondents. Though the appellant has contended that there is some discrepancy with regard to the deposition of the witness in the criminal case, to mark those documents and also the contradictions, neither the witnesses nor the Investigating Officer had been examined. Hence the Tribunal has rightly rejected those documents as well as the evidence. I do not see any reason to differ from the finding given by the Tribunal in respect of rash and negligent driving of the bus.