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2009 Supreme(Mad) 3391

N.KIRUBAKARAN
The Managing Director, Tamil Nadu State Transport Corporation, (Salem Divn. II) Ltd. , Dharmapuri – Appellant
Versus
Goobaliammal & Others – Respondent


Advocates appeared:
For the Appellant :S. Jagadeesvar, Advocate.
For the Respondents:V. Kumaravelan, Advocate.

Judgment :-

Aggrieved by the award of Rs.3,40,000/-as against the respondents claim of Rs.4,00,000/-, the present appeal has been preferred by the appellant-transport corporation.

2. The Case of the respondents before the Tribunal was that one Mr.Nataraj doing flower and vegetable business, earning about Rs.4,000/-and aged about 32 years, died in the accident occurred on 210. 2000 hit by the bus belonging to the appellant Corporation. Hence the claim petition was filed which was resisted by the appellant Corporation.

3. Before the Tribunal the widow of the deceased was examined as PW-1 and Ex.P-1 FIR and Ex.P-2 Postmortem report were marked on the side of the claimants and on the side of the appellant corporation, the driver of the appellant corporation bus was examined as RW-1.

4. On appreciation of pleadings and evidence available on record, the Tribunal came to the conclusion that the appellant driver was only responsible for the accident and awarded a sum of Rs.3,40,000/-to the respondents/claimants. The said award only is impugned before this Court.

5. Mr. P. Jagadeeswar learned counsel for the appellant confined his argument only with regard to quantum of compensation alone. A























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