ASSAM STATE TRANSPORT Vs. KAMURUN NESSA MAZUMDAR

JUDGEMENT

(1.) THE appeal and the cross-objection both arise out of the award dated 24-5-84 made by the Motor Accident Claims Tribunal, Cachar. The appellant is the Assam State Transport Corporation (hereinafter referred to as "the Corporation") and the cross-objectors are the claimants.

(2.) AN accident took place oh 30-4-81 in which a bus belonging to the Corporation was involved. The bus of the Corporation hit a truck belonging to the claimants which was coming from the opposite direction, as a result of which the truck was damaged and the driver of the truck also sustained minor injuries. A claim was made for compensation claiming a sum of Rs. 26,469/-. The amount claimed comprised of a sum of Rs. 23,819/- on account of expenditure incurred on repair of the truck, Rs. 2,000/- on account of loss of income from the truck, Rs. 400/- being driver's pay for the said period, Rs. 200/- for cost of treatment of claimant No. 2, and Rs. 50/- on account of loss of work of claimant No. 2.

(3.) AGGRIEVED by the award, the present appeal has been filed by the Corporation. The award has been challenged on two grounds. Firstly, that the Tribunal having arrived at a finding of contributory negligence ought not to have awarded any compensation to the claimants. Secondly, that the award of compensation was not based on any legal evidence. The claimants have filed cross objection on the ground that the finding regarding the contributory negligence waspcrverse, the same being contrary to the evidence on record. The case of the cross-objector is that the full amount of compensation claimed, along with the interest from the dale of making the claim should have been awarded.