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1987 Supreme(Mad) 408

SWAMIKKANNU
T. P. T. S. And Company – Appellant
Versus
Sudali Ammal – Respondent


JUDGMENT

Swamikkannu, J.

1. Both the Appeals arisen out of Claim Petition No. 89 of 1981 on the file of the Motor Accidents Claims Tribunal (II Addl. Subordinate Judge), Tirunelveli. The occurrence in this case took place due to an accident in which the bus belonging to the appellant in A.A.O. No. 693 of 1982, got involved. The deceased victim in this case, was one Boothapandi Thevar, whose wife as his legal representative, has claimed compensation in this case. The case of the appellant in A.A.O. No. 693 of 1982, viz. the owner of the bus in question, is that the first information report in the criminal case, C.C. No. 272/81, launched against the driver of the bus (marked as Exhibit A-1 in this case), given by the deceased victim himself while alive, would disclose that he was having a reeling sensation and that he fell down. When such an admission was available on the part of the victim himself in the first information report given by him to the police, the Tribunal went wrong in holding that it was only due to the rash and negligent driving of the bus by the driver that the accident took place. According to learned Counsel for the appellant in 693/1982, Mr. K. Ranganathan, the Tri














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