(Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree, dated 03.11.2004, made in MCOP No.250 of 2002 on the file of Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Pudukkottai.)

P.Sathasivam, J

Tamil Nadu State Transport Corporation, Thanjavur, is the appellant.

2. In respect of death of one Rengasamy in a motor vehicle accident that took place on 20.02.2002, the respondents herein preferred a claim for Rs.15,00,000/-. The Tribunal, on appreciation of oral and documentary evidence, after finding that the accident was caused due to the rash and negligent driving of the driver of the appellant Transport Corporation bus, passed an award for a sum of Rs.3,94,000/-, with interest at the rate of 9% per annum from the date of petition till deposit of the award amount. Questioning the same, the transport corporation has filed the present appeal.

3. Learned counsel appearing for the appellant transport corporation would submit that in the light of the evidence of R.W.1, namely their driver, the conclusion arrived by the Tribunal holding that the driver alone was negligent and responsible for the accident cannot be