THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION LTD. Vs. M/S. NEW INDIA ASSURANCE COMPANY LIMITED AND OTHERS

JUDGEMENT

(1.) This second appeal is preferred by the defendant in the suit in O.S.No.141 of 2004 on the file of Additional District Munsif Court, Thoothukudi.

(2.) The respondents in this appeal filed a suit in O.S.No.141 of 2004 on the file of the Additional District Munsif Court, Thoothukudi for directing the defendant to pay a sum of Rs. 63,580/- to the first plaintiff with future interest at 12% per annum. The first plaintiff is a Company registered under the Company Act, doing business in General Insurance. The first plaintiff, by Special Power of Attorney, dated 27.02.2002, is also empowered to prosecute on behalf of the second plaintiff.

(3.) It is stated in the plaint that on 26.02.2001, at about 9.45 pm, the second plaintiff's vehicle, a tanker lorry, loaded with Vinyl Chloride Monomer, was proceeding to the second plaintiff's factory at Sahupuram. One Jeep belongs to the second plaintiff was also escorting the tanker. On the way, the appellant bus bearing registration No.TN-72-N-0726, came from the opposite direction hit the tanker lorry. Stating that the accident was occurred only due to the rash and negligent driving of the appellant's driver, the suit has been laid claiming damages. The suit was decreed by the trial Court and the learned Sub Judge, Thoothukudi also confirmed the findings of the trial Court in A.S. 156 of 2005. Aggrieved by the judgment and decree of the lower appellate Court, the appeal has been preferred. This Court has admitted the appeal only on the following substantial question of law: