This Civil Miscellaneous Appeal is filed by the Transport Corporation against the judgment and decree made in MCOP No.138 of 1998 dated 31.03.2003 on the file of the Motor Accidents Claims Tribunal (Additional District Judge cum Chief Judicial Magistrate) Vellore District, Vellore.

2. Background facts in a nutshell are as follows:-

The respondent / claimant was injured in a motor accident on 24.07.1995 at about 7.00

a.m. The claimant Malarvizhi along with one Vijaya and one Kangammal were waiting in the Arni-Vellore Main Junction Road at Kannamangalam. At that time, a bus bearing Registration No.TN-23-N-0524 belonging to the appellant / Transport Corporation, without evening sounding the horn, came from the Vellore side and dashed against the above three persons. Due to the accident, the said Vijaya and Kangammal died on the spot and the claimant sustained grievous injuries. The claimant claimed a compensation of Rs.2,50,000/- before the Tribunal. The appellant / Transport Corporation resisted the claim. On pleadings, the Tribunal framed the following issues:-

a) Whether the accident had occurred due to the rash and negligent driving of the driver of the bus or not?

b) W