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2022 Supreme(SC) 1029

B. R. GAVAI, C. T. RAVIKUMAR
S. Vasanthi – Appellant
Versus
Adhiparasakthi Engg. College – Respondent


Advocates appeared:
For the Petitioner(s): Mr. T. Harish Kumar, AOR Mr. Navneet Dugar, Adv. Mr. Subham Kothari, Adv.
For the Respondent(s): Mr. A.K. De, Adv.
For the R-2 : Mr. Zahid Ali, Adv. Ms. Ananya De,Adv. Mr. Pramit Saxena, AOR

JUDGMENT :

B.R. Gavai, J.

1. Leave granted.

2. This appeal challenges the judgment and order dated 31st January, 2020, passed by the High Court of Judicature at Madras in CMA No. 2518 of 2016.

3. The facts, in brief, giving rise to the present appeal are as under:

3.1 On 22nd May, 2010, S. Sathiyanarayan was riding on a Bajaj Avenger motorcycle, bearing registration No. TN­04­S­6492, at GST Road, Tambaram. While he was travelling from the south to north direction by the western side of the road, a bus owned by M/s Adhiparasakthi Engineering College (respondent no. 1 herein), bearing registration No. TN­21­H­2727, which was being driven rashly and negligently, came from the same direction and dashed against his motor cycle from the backside, thus dragging him under the wheels of the bus. S. Sathiyanarayan perished on the spot.

3.2 Thereafter, the bereaved parents of the deceased, who are the appellants herein, filed a claim petition before the Motor Accident Claims Tribunal, Poonamallee (hereinafter referred to as “the Tribunal”), under Section 166 of the Motor Vehicles Act, 1988, bei


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