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1989 Supreme(Mad) 379

NAINAR SUNDARAM, BELLIE
National Insurance Company Limited, Madras – Appellant
Versus
V. S. R. Kumaresan and Others – Respondent


Appearing Advocates:Resi Naidu, G.S. Selvatharasu, M. Velusami, Advocates.

Judgment :-

NAINAR SUNDARAM, J.

The Insurance Company which was the second respondent before the Motor Accidents Claims Tribunal, Vellore, in M.A.C.T.O.P. No. 18 of 1980, is the appellant in this Civil Miscellaneous Appeal. The first respondent herein was the claimant before the Tribunal. The second respondent was the owner of the vehicle, namely, a stage carriage bus which was involved in the accident. The second respondent dies pending this Civil Miscellaneous Appeal and his legal representative have been brought on record. The claimant was inside the bus at the time of the accident. He was not a passenger, being carried in the bus for hire or reward at the time of the accident. It has been found that the accident occurred on account of the rash and negligent driving of the bus by its driver. The bus had undergone repair works at the time of the accident was on the road for test driving in order to find out whether the defects had been properly rectified. In the accident, the claimant sustained injuries, and, in particular, he lost vision in his left eye and he laid a claim for compensation of Rs.1, 00, 000/-. The Tribunal awarded only a total compensation of Rs. 29, 600/-. The cl














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