3. The Appellant/Transport Corporation has challenged the impugned award only on the ground that the Tribunal has erroneously fixed the entire negligence on the part of the Driver of the bus owned by the appellant/Transport Corporation. According to them, the deceased, who was the rider of the motor cycle is alone responsible for the cause of the accident. With regard to the contention raised by the Appellant/Transport Corporation, the Tribunal under the impugned award given due consideration to the said contention. As seen from the impugned award, the FIR and the charge sheet has been registered only against the Driver of the bus owned by the appellant/Transport Corporation. An eye witness to the accident has also been examined as a witness (PW2). He has also deposed that only due to the rash and negligent driving by the Driver of the bus owned by the appellant/Transport Corporation, the accident had happened. No contra evidence has been produced by the Appellant/Transport Corporation as seen from the evidence available on record. Only on preponderance of probabilities, the Tribunal has passed the impugned award holding the Driver of the bus owned by the Appellant/Transport Corporation alone responsible for the cause of the accident.
