K.GOVINDARAJAN, N.KANNADASAN
Managing Director – Appellant
Versus
. – Respondent
K. Govindarajan, J.
1. None appears for the respondents. The Transport Corporation has filed the above appeal questioning the correctness of the award passed by the tribunal.
2. The deceased, according to the claimants, was standing in the bus stand and the bus which was driven by the Corporation driver in a rash and negligent manner, dashed against the deceased and thereby he died. According to the appellant, the deceased along with others tried to step up in the bus even before it is stopped and thereby he fell down. So, the negligence cannot be fixed on the part of the driver of the Transport Corporation bus.
3. From Exs. P2 and P3, namely, FIR and the sketch, it is clear that the accident took place even in the bus stand itself. Even according to the claimants, there was a crowd in the bus stand. The tribunal has not rejected the case of the appellant that the deceased when he tried to step up in the running bus, fell down. The responsibility was fixed only on the ground that the conductor should have taken diligent steps to avoid such accidents and the driver should have driven the vehicle with all caution. Though such responsibility can be fixed on the driver and th
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