LAWS(MAD)-1999-6-76

THIRUVALLUR TRANSPORT CORPORATION Vs. D NARAYANAN

Decided On June 29, 1999
THIRUVALLUR TRANSPORT CORPORATION REP. BY US MANAGING DIRECTOR MADRAS Appellant
V/S
D. NARAYANAN Respondents

JUDGEMENT

(1.) THE award of Rs. 26,000/- payable to the first respondent injured as against the total compensation of Rs. 75,000/- is being challenged before this court in this appeal by the Thiruvallur Transport Corporation, the appellant herein. THE claimant respondent working as a conductor in Pallavan Transport Corporation was travelling as a passenger in Pallavan Transport Corporation bus TMN 1947 plying from Saidapet to Tambaram on 30.6.1985 at about 8.45 A.M. At that time the bus TML 9329 belong to the appellant corporation came in the opposite direction in a rash and negligent manner and hit against the right side of the second respondent bus TMN 1947 with the result the claimant and two others sustained grievous injuries.

(2.) SEEKING compensation of Rs. 75,000/- for the injuries sustained by the claimant, the claim petition has been filed. On the side of claimant, the claimant P.W.I and the doctor ? P.W.2 were examined. On behalf of the appellant-Corporation denying his liability R.W.1, the driver of the bus was examined. On behalf of the second respondent, Pallavan Transport Corporation R.W.2 the driver of the said bus was examined. Both the Thiruvalluvar Transport Corporation and Pallavan Transport Corporation through t heir counter and the evidence from R.W.1 and 2 were putting the blame against each other. However the Tribunal concluded that the driver of the bus belonging to Thiruvalluvar Transport Corporation was negligent and directed the appellant to pay the amount of Rs. 26,000/- as compensation to the claimant.