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1989 Supreme(Mad) 31

P.JESUDURAI
Thoznilalar Transport Company – Appellant
Versus
Valliammal – Respondent


JUDGMENT

Padmini Jesudurai, J.

1. The owner of a bus, against whom and his insurer the Motor Accidents Claims Tribunal has passed an award apportioning the liability as between them, has filed the present appeal contending that the deceased was not a passenger at the time of the accident and that, therefore, the liability of his insurer is unlimited and also contending that the quantum of compensation awarded is excessive. The claimants (respondent Nos. 1 to 3) have preferred cross-objections on the ground that the compensation awarded is grossly inadequate.

2. Facts briefly are: On 5.3.1980 the deceased Jayaraman, who is the husband of the first respondent and the father of the second respondent and the son of the third respondent, was travelling in a passenger bus bearing registration No. MDJ 3092 belonging to the appellant and insured with the fifth respondent. The bus was driven by the driver, the fourth respondent. The deceased who had boarded the bus at Alangayam was due for Chekkumedu. When the bus stopped at the bus-stop at Chekkumedu, the deceased got down from the bus and before he could safely land on the ground, the fourth respondent started the bus, as a result of which t





























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