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2009 Supreme(Mad) 3581

P.P.S.JANARTHANA RAJA
The Managing Director, Tamil Nadu State Transport Corporation Ltd. , Kumbakonam – Appellant
Versus
P. K. Mani & Others – Respondent


Advocates Appeared:
For the Appellant:M. Krishnamoorthy, Advocate.
For the Respondents:L. Vivekanandan, Advocate.

Judgment :-

The appeal is preferred by the Transport Corporation-appellant against the Judgment and decree made in M.A.C.T.O.P.No.393 of 2004 by the Motor Accidents Claims Tribunal (Subordinate Judge) at Chidambaram dated 25.08.2005.

2. Background facts in a nutshell are as follows:

On 06.06.2004 at about 08.00 a.m., the deceased Kalpana met with motor accident. It is a fatal accident. On the fateful day, the deceased was going to computer institute by a cycle. While she was standing at Sabanayagar street junction with her cycle at the western end of the road, a Government bus bearing Registration No.TN-49-N-0761 belonging to the appellant/Transport Corporation came from north to south in a rash and negligent manner and dashed against the deceased. Due to the same, the deceased was died on the way to the hospital. The claimants are the father, mother, brother and sister of the deceased. They claimed a sum of Rs.8,00,000/-as compensation. The appellant-Transport Corporation resisted the claim. On pleadings the Tribunal framed the following issues:-

"1.Whether the accident had occurred due to the rash and negligent driving of the bus driver or not?

2.What is the compensation the claima









































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