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2005 Supreme(Mad) 705

P.D.DINAKARAN, S.SARDAR ZACKRIA HUSSAIN
The Managing Director, Tamil Nadu State Transport Corporation Division-I – Appellant
Versus
Ayyammal & Another – Respondent


Advocates Appeared: For The Appellant:P. Jagadeeswaran, Advocate. For The Respondents: ----

Judgment :-

P.D. Dinakaran, J.

This appeal is directed against the award and decree passed on 24.7.2003 in M.C.O.P.No.451 of 2002 on the file of the Motor Accident Claims Tribunal (Fast Track Court), Kallakurichi.

2. The appellant is the transport Corporation. The first respondent is the wife of the deceased and the second respondent is the son of the deceased.

3. The respondents/claimants preferred a claim petition before the Motor Accidents Claims Tribunal, Kallakurichi against the appellant herein claiming a compensation of Rs.2,00,000/- for the death of the deceased Kulandaivel caused on 1.2.2000 at about 8.00 a.m. at Sanisanthai on the Main road of Salem to Dharmapuri, by the rash and negligent driving of the appellant's bus by its driver.

4. According the respondents/claimants, on 1.2.2000 at about 8.50 a.m. at Sanisanthai on the Salem to Dharmapuri Main Road, the appellant's passenger bus bearing registration No.TN-29-1103, in a rash and negligent manner, dashed against the deceased and caused his death on the spot. It is claimed that the deceased was an agriculturist and he earned Rs.4000/- per month. The deceased was aged 43 years at the time of the accident and therefore, t










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