MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION VILLUPURAM DIVISION II LIMITED Vs. M DHANALAKSHMI

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Transport Corporation against award dated 11.09.2002 made in MCOP No.1252 of 1998 by the Motor Accident Claims Tribunal, (III Judge, Court of Small Causes), Chennai.

(2.) BACKGROUND facts in a nutshell are as follows: The deceased Murugan met with motor vehicle accident that took place on 12.02.1998 at about 3.15 p.m. While the deceased was proceeding in his bicycle from west to east on Periyar E.V.R. Salai (near Nair Bridge), Madras, the bus belonging to the appellant-Transport Corporation bearing registration No.TN-23-N-1244, which came from behind and driven by its driver in a rash and negligent manner and dashed against the deceased. Due to which, the deceased had sustained grievous injuries. Immediately, he was admitted in Government General Hospital, Madras, where he died on the same day. The claimants are wife, son, daughter and mother the of the deceased. They claimed a sum of Rs.6,00,000/- as compensation. The appellant-Transport Corporation has resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimants, PW1 to PW4 were examined and documents Exs.P1 and P12 were marked. On the side of the respondents RW.1-Deenadayalan, who is the driver of the bus, was examined and Ex.R1-certified copy of the judgment was marked to substantiate their claim. PW1 is the wife of the deceased. PW2-one Lakshmipathi is the eye witness to the occurrence. PW3 is the Sub Inspector of Police. PW4 is the employer of the deceased. Ex.P1 is the photo copy of the post mortem certificate. Ex.P2 is the death report. Ex.P3 is the legal heir certificate. Ex.P4 is the death certificate. Ex.P5 is the salary certificate. Ex.P6 is the photo copy of the First Information Report. Ex.P7 is the photo copy of the rough sketch. Ex.P8 is the visiting card. Ex.P9 series are the certificates of commencement of the company. Ex.P10 series are certificates relating to the company. Ex.P11 is the certificate issued by the Government of India. Ex.P12 is the passport. After considering the above oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the appellant-Transport Corporation and the finding is based on valid materials and evidence.