M.KARPAGAVINAYAGAM
MANAGING DIRECTOR, THANTHAI PERIYAR TRANSPORT CORPORATION – Appellant
Versus
SUNDARI AMMAL – Respondent
KARPAGAVINAYAGAM, J.
( 1 ) THANTHAI Periyar Transport Corporation is the appellant herein.
( 2 ) AGGRIEVED over the award directing the appellant to pay the compensation of rs. 1,80,000 to the claimants, the respondents herein as against the total compensation of Rs. 5,00,000, the present appeal has been presented before this court both on the ground of negligence and of quantum.
( 3 ) THE facts briefly are: One Muthian, who was working as Deputy Tahsildar at panruti Taluk Office, is the deceased. On 4. 5. 92 at about 8. 30 p. m. , the deceased was driving his scooter from Panruti to Varakalpattu in the Panruti to Cuddalore main road. The deceased was nearing Boologanathar Koil temple at Nellikuppam in the extreme left side of the road. While so, the bus belonging to the appellant Corporation came in the same direction from panruti to Cuddalore at a high speed. The bus in a rash and negligent manner hit behind the scooter. Due to the impact, the deceased Muthian was thrown out from the scooter and fell into a pit. He sustained multiple and grievous injuries on the head and all over the body and was lying down on the roadside ditch in a pool of blood gasping for life. H
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