The appeal is taken up for final disposal at the time of admission itself.

2. The appeal is preferred by the Transport Corporation-appellant against the Judgment and Decree passed on 29.04.2003 in MCOP.No.465/97 by the Motor Accident Claims Tribunal, Principal Sub Judge, Tindivanam.

3. Background facts in a nutshell are as follows:

On 09.01.1997 at about 00.40 hrs., the injured was riding in his bicycle. At that time, a bus belonging to the appellant/Transport Corporation proceeding from Chennai to Kanniyakumari came in a rash and negligent manner and dashed against the cyclist. Due to the same, he sustained grievous injuries. The claimant claimed a sum of Rs.1,00,000/- as compensation. The appellant-Transport Corporation resisted the claim. On pleadings the Tribunal framed the following issues:-

"1. Whether the accident had occurred due to the rash and negligent driving of the bus driver or not?

2. What is the compensation the claimant is entitled to? If so, what is the amount and from whom?"

After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the appellant-Tran