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2006 Supreme(Mad) 1379

R.SUDHAKAR
Shanmugham – Appellant
Versus
The Managing Director, Tamil Nadu State Transport Corporation – Respondent


Advocates Appeared: For the Appellant :R. Sunil Kumar for M/s. R. Yashod Vardhan, Advocates. For the Respondent:Ms. Geetha for M/s. Rajnish Pathiyil, Advocates.

Judgment :-

(Civil Miscellaneous Appeal against the award and decree dated 22.1.1999 in M.C.O.P.No.23 of 1998 on the file of the Motor Accidents Claims Tribunal (Additional District-cum-Chief Judicial Magistrate's Court), Cuddalore.)

This appeal is filed by the claimant against the award and decree dated 22.1.1999 in M.C.O.P.No.23 of 1998 on the file of the Motor Accidents Claims Tribunal (Additional District-cum-Chief Judicial Magistrate's Court), Cuddalore.

2. In the claim petition, a sum of Rs.1,00,000/- was claimed as compensation under various heads for the injuries sustained by the claimant in the accident that happened on 12.6.1994 at 9.00 hours at Cuddalore, on account of the rash and negligence on the part of the driver of the bus belonging to the respondent-Transport Corporation. The appellant-claimant was driving a motor-cycle and at that time, he was hit by the bus belonging to the Transport Corporation.

3. The Transport Corporation resisted the claim on the ground that the accident had occurred only due to the negligence on the part of the claimant.

4. Before the Tribunal, the claimant examined himself as P.W.1 and marked Exs.A-1 to A-9. The Transport Corporation examined



























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