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2012 Supreme(Mad) 3060

P.DEVADASS
Managing Director, State Express Transportation Corporation Ltd, (Thiruvalluvar Transport Corporation Limited), Chennai – Appellant
Versus
Shameem alias Shameer Munisa – Respondent


Advocates:
Advocate Appeared:
For the Appellant:K. Nagarajan, Advocate.
For the Respondents:R1 to R4 - D. Pradeep Kumar, R6 - S. Vadivel, Advocate.

Judgment :-

1. The State Transport Corporation disputes the liability as well as the quantum of compensation.

2. First, we shall see the negligence aspect. The claimant's husband on 03.07.2003 travelled in the Corporation bus as a Conductor. He was sitting near the driver's (R.W.1) seat. Near the Serkadu Junction Road, the accident took place involving the Corporation bus and a lorry.

3.The Tribunal appreciating the evidence of the eye-witness P.W.2, who travelled in the bus as well as R.W.1 fixed the negligence on R.W.1 and quantified the compensation at Rs.7,85,000/-.

4. The evidence of P.W.1 is that at the time of the accident, the bus driver was trying to overtake a lorry, however, R.W,1 would say that he was carefully driving the bus, at about that time, the lorry came from the rear side of the bus and attempted to overtake, he gave the signal, but before he took the bus, the lorry came driven in a rash and negligent manner and caused the accident. But a reading of the evidence of R.W.1 shows that he had tried to have an edge over the lorry driver and his rashness was exhibited in his attempt to overtake the lorry. Further, if R.W.1 was not at fault he would have made a complai











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