TAMIL NADU STATE TRANSPORT CORPORATION REP BY ITS MANAGING DIRECTOR, MADURAI DIVISION-5 Vs. N SARAVANA PANDIAN

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree, dated 14.3.2006, made in M.C.O.P. No. 94 of 2003, on the file of the Motor Accidents Claims Tribunal, Sub Court, Aruppukottai.

(2.) The grounds, based on which the judgment and decree of the Tribunal, dated 14.3.2006, has been challenged, are that the Tribunal had failed to note that the driver of the bus, which was involved in the accident that had occurred, on 3.2.2003, was driving the vehicle slowly and carefully and that there was no negligence on his part. The Tribunal had failed to note that the claimant had caused the accident due to his own negligence and that the driver of the bus was not responsible for the accident. Further, the Tribunal had erred in relying on the evidence of the claimant (P.W.1) in coming to its findings with regard to the aspect of negligence.

(3.) It has also been stated that the Tribunal had failed to note that the disability, if any, said to have been caused to the claimant due to the accident, had not really affected him, in any way. Further, the Tribunal had erred in awarding compensation, under the various heads, without any basis. The compensation awarded to the claimant is excessive in nature.