MANAGING DIRECTOR Vs. MALARVIZHI

JUDGEMENT

(1.) (Appeal under Section 173 of the MOTOR VEHICLES ACT, 19888 against the judgment and decree made in MCOP No.138 of 1998 dated 31.03.2003 on the file of the Motor Accidents Claims Tribunal (Additional District Judge cum Chief Judicial Magistrate) Vellore District, Vellore.) This Civil Miscellaneous Appeal is filed by the Transport Corporation against the judgment and decree made in MCOP No.138 of 1998 dated 31.03.2003 on the file of the Motor Accidents Claims Tribunal (Additional District Judge cum Chief Judicial Magistrate) Vellore District, Vellore.

(2.) BACKGROUND facts in a nutshell are as follows:- The respondent / claimant was injured in a motor accident on 24.07.1995 at about 7.00 a.m. The claimant Malarvizhi along with one Vijaya and one Kangammal were waiting in the Arni-Vellore Main Junction Road at Kannamangalam. At that time, a bus bearing Registration No.TN-23-N-0524 belonging to the appellant / Transport Corporation, without evening sounding the horn, came from the Vellore side and dashed against the above three persons. Due to the accident, the said Vijaya and Kangammal died on the spot and the claimant sustained grievous injuries. The claimant claimed a compensation of Rs.2,50,000/- before the Tribunal. The appellant / Transport Corporation resisted the claim. On pleadings, the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimant, witnesses P.W.1 and P.W.2 were examined and documents Ex.P1 to Ex.P5 were marked. On the side of the Transport Corporation, one Munuswamy, driver of the bus, was examined as R.W.1 and no documents were marked. P.W.1 is the claimant. P.W.2 is the Doctor. Given below is the list of exhibits marked on the side of the claimant:-