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1999 Supreme(Mad) 669

M.KARPAGAVINAYAGAM
K. SHANKAR – Appellant
Versus
PALLAVAN TRANSPORT CORPORATION LTD – Respondent


For the Appearing Parties:G. Vasudevan, M. Swamikannu, Advocates.

Judgment :

KARPAGAVINAYAGAM, J.

( 1 ) SHANKAR, the claimant is the appellant herein.

( 2 ) FOR the injuries sustained on his right leg which resulted in the complete amputation due to the negligent driving of the bus belonging to the Pallavan Transport corporation, the respondent herein, the appellant herein filed a claim petition claiming compensation of Rs. 4,50,000.

( 3 ) THE Tribunal, after enquiry, though concluded that compensation could be worked out to Rs. 1,47,000, held that the claimant would not be entitled to any compensation, since he alone was negligent. However, the Tribunal awarded Rs. 25,000 towards no fault liability.

( 4 ) QUESTIONING this amount on no fault liability, Pallavan Transport Corporation, the respondent herein also filed a cross-objection on the ground that during the relevant time, no fault liability for the injuries would be only up to Rs. 7,500.

( 5 ) THE few facts which are required for the disposal of the appeal and the cross-objection could be stated as follows:" (A) Shankar, the appellant herein was working as a helper and welder in a lathe workshop. On 14. 2. 1989 at about 8. 30 p. m. after finishing his work, he was walking along Rajaji Sa














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