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1986 Supreme(Mad) 327

SATHIADEV, MAHESWARAN
Managing Director, Thiruvalluvar Transport Corporation, Madras – Appellant
Versus
M. Janardhanam – Respondent


Advocates:
Rogert Chelliah, for Appellant; C. Selvaraj, for Respondents.

Judgement

SATHIADEV, J. :- The appeals are preferred by respondent-Corporation in M.A.C.T.O.P. 230 and 253 of 1979 on the file of the Motor Accidents Claims Tribunal, Tiruchirapalli. The petitioners therein are the respective respondents herein. Parties are referred to as before Tribunal.

2. It was claimed by petitioners that, on 28-12-1978, while they were proceeding in a car MSW 4958 at about 2.15 a.m. near Chinnaru, the express bus TMN 8075 belonging to respondent-Corporation came in opposite direction very fast, and in the process of overtaking two lorries, which were going ahead of it, it dashed against the car Managing Director, T. T. Corpn. v. M. Janardhanam causing damage not only to the car but also caused grievous injuries to the petitioners. Hence, they have filed two O.Ps. claiming compensation of Rs. 1,00,000 and Rs. 2,00,000 respectively.

3. Respondent stated that it was the car which was driven recklessly, and on immediately seeing the approaching car, driver of the bus applied brakes, and the vehicle skidded, and pulled to its right side because of rain, and hence, he managed to stop the bus on the mud portion of road on his right side.

4. On behalf of the respondent-Co

























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