LAWS(MAD)-2009-9-96

METROPOLITAN TRANSPORT CORPORATION LIMITED Vs. AMUTHAVALLI

Decided On September 18, 2009
METROPOLITAN TRANSPORT CORPORATION LIMITED, REP. BY ITS MANAGING DIRECTOR, AYANAVARAM Appellant
V/S
AMUTHAVALLI Respondents

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Transport Corporation against award dated 19.03.1998 made in MCOP No.1285 of 1996 by the Motor Accident Claims Tribunal (Chief Judge, Small Causes Court), Chennai.

(2.) BACKGROUND facts in a nutshell are as follows: The deceased A. Selvakumar (alias) A. Selvam met with motor traffic accident that took place on 18.03.1996 at about 17.50 hrs. The deceased was proceeding in his motor cycle bearing Registration No.TN-01-C-6297 from North to South on E.V.R. Sampath Salai, Chennai. At that time, a bus bearing Registration No.TCB-4720 belonging to the appellant- Transport Corporation came from North South in a rash and negligent manner and dashed against the motor cycle. Due to which, the deceased fell down and the bus ran over on his head and died on the spot. The claimants are mother and father of the deceased. The claimants claimed a sum of Rs.6,09,300/- as compensation but restricted their claim to Rs.4,84,500/- 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, Pws. 1 to 4 were examined and documents Exs.P1 to P12 were marked. On the side of the appellant-Transport Corporation, one Sathya Narayanan, the driver of the bus was examined as R.W.1 and no document was marked to support their claim. P.W.1 is the father of the deceased. P.W.2 Ravikumar is an Eye witness of the accident, P.W.3 is the Sub-Inspector of Police and P.W.4 Srinivasan is Accountant of the firm, in which, the deceased was an employee of the Seax Exports Company. Ex.P1 is the Transfer Certificate. Ex.P2 is the salary certificate. Ex.P3 is the Death Certificate Ex.P4 is the legal heirship Certificate. Ex.P.5 is the copy of the Subpoena. Ex.P.6 is the copy of the First Information Report. Ex.P.7 is the Rough Sketch. Ex.P.8 is the Post-mortem Certificate. Ex.P.9 is the Authorization letter. Ex.P.10 is the Salary receipt. Ex.P.11 is the copy of the Acknowledgement of registration of Firms. Ex.P.12 is the Registration-cum-Membership certificate copies (series). 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.