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2022 Supreme(SC) 121

HEMANT GUPTA, V. RAMASUBRAMANIAN
R. Valli – Appellant
Versus
Tamil Nadu State Transport Corporation Ltd. – Respondent


Advocates appeared:
For the Parties : Mr. P. B. Suresh, Adv. Mr. Vipin Nair, AOR Mr. Arindam Ghosh, Adv. Mr. Karthik Jayshankar, Adv. Mr. Anshuman Bahadur, Adv. Mr. Amit Anand Tiwari, AAG Mr. D. Kumanan, AOR Mr. Sheikh F. Kalia, Adv.

JUDGMENT :

HEMANT GUPTA, J.

1. The legal heirs of deceased V. Rajasekaran are in appeal herein being aggrieved against an order passed by the High Court of Judicature at Madras dated 7.11.2017 granting a compensation of Rs.15,12,628/- along with an interest @ 7.5% from the date of petition till the date of realization on account of the death of the deceased in a motor vehicle accident on 22.02.2011.

2. The deceased was riding a two-wheeler when a bus belonging to the respondent dashed into his vehicle. The deceased suffered head injuries and died instantly. He was born on 11.4.1956 and was 54 years old on the date of accident. On the basis of income and age, the Motor Accident Claim Tribunal, Chennai1[For short, the ‘Tribunal’] awarded a compensation of Rs.13,82,628/-.

3. The Tribunal held that the accident occurred due to rash and negligent driving of the bus driver. The appellant examined PW-3, the Assistant Manager of M/s Areva T & D India Limited. He deposed that the deceased was paid salary of Rs.23,062.30. The salary certificate was produced as Ex.P.9. The learned Tribunal

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