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1986 Supreme(Mad) 461

SENGOTTUVELAN, DAVID ANNOUSSAMY
Pallavan Transport Corporation – Appellant
Versus
P. Murthy – Respondent


Advocates:
Advocate General for M/s. R. Muthukumaraswamy, V. Ramajagadeesan and Kamini Ramakrishnan, for Appellant; S. Gangaram Prasad, for Respondents.

Judgement

SENGOTTUVELAN, J.:- All the abovesaid four appeals arise out of the Award passed by the Motor Accidents Claims Tribunal, Madras, in O.P. No. 275 of 1980 and O.P. No. 318 of 1980.

2. The facts of the case are briefly as follows :

On 10-5-1980, at about 2.30 p.m. the Pallavan Transport Corporation bus bearing registration number M.S.N. 343 while, proceeding from west to east in the Pycrofts Road, and while entering Kamaraj Salai, dashed against the van bearing Registration number T.N.O. 2913, as a result of which, Vijayan, travelling in the van died and the driver of the van Murthy lost his right hand. The said Murthy filed O.P. No. 275 of 1980 claiming a sum of Rs. 70,000/- as compensation for loss of his right hand. Similarly, the legal representatives of the deceased, Vijayan, filed 0.P. No. 318 of 1980, claiming rupees one lakh as compensation for the loss of support on account of the death of Vijayan. The Motor Accidents Claims Tribunal, after considering the evidence in the case, came to the conclusion that the collision had occurred on account of the rash and negligent driving of the driver of the bus M.S.N. 343 and on that basis awarded a compensation of Rs. 40,000/-








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