MANAGING DIRECTOR Vs. PANCHALAI

JUDGEMENT

(1.) THIS appeal is filed at the instance of the Transport Corporation against the award dated 10.02.2003 made in M.C.O.P.No.493 of 2001 on the file of Motor Accidents Claims Tribunal, Cheyyar, Thiruvannamalai District.

(2.) THE case of the parties before the tribunal in brief is as follows:- (a) On 13.05.1999 the claimant boarded in the offending bus bearing Regn.No. TN 23 N 888 belonging to the appellant transport Corporation, bound to Vandavasi from Kaamakkoor at about 2.30 p.m. and when the bus was proceeding in between Ayilavadi Koot Road and Koviloor Koot Road, the driver of the bus drove the bus in a rash and negligent manner and suddenly turned towards mud road which resulted in the accident and in that impact the claimant sustained injuries and was rushed to the hospital. THE accident had occurred only due to rash and negligent driving of the driver of the bus belonging to the respondent and the appellant transport Corporation is liable to compensate the claimant reasonably. THErefore, this petition claiming compensation of Rs.50,000/- from the appellant transport corporation together with interest. (b) THE appellant transport corporation resisted the claim of the claimant and contended that the driver of the bus drove the bus observing due rules and regulations from Arani to Melmaruvathur and when the bus was proceeding near the Temple at Aailavadi, the driver of the bus, in order to avert head-on collision with the on coming bus belonging to the Corporation applied sudden brake which resulted in dragging on the bus towards mud road and the claimant sustained only simple injuries. THE driver of the bus was no way responsible for the accident. In any event, the compensation claimed in the petition is exorbitant. THErefore, the petition is liable to be dismissed.

(3.) THE learned counsel appearing for the appellant transport Corporation would submit that without any basis, the tribunal had come to a conclusion on its own that the driver of the bus alone was responsible for the accident whereas the driver of the bus was not responsible for the accident and in fact, in order to avert the major head-on collision with the oncoming bus he applied sudden brake which resulted in dragging on the bus towards mud road and thereafter, the bus fell into a ditch and there was no rash and negligence on the part of the driver of the bus. He would further submit that claimant has failed to prove that she sustained disability due to the injuries sustained in the accident and tribunal was wrong in awarding a sum of Rs.30,000/- as compensation towards the injuries sustained in the accident and for loss of income, when there was no evidence to show as to the extent of disability sustained by the claimant and also in the absence of proof of loss of income.