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2009 Supreme(Mad) 5606

C.S.KARNAN
The Managing Director Tamil Nadu State Transport Corporation Ltd. – Appellant
Versus
T. Duraisamy & Another – Respondent


Advocates appeared:
For the Appellant:Mrs. B. Vijayalakshmi, Advocate.
For the Respondents:M. Sriram, Advocate.

Judgment

The above Civil Miscellaneous Appeal has been filed by the appellants/respondents against the Award and Decree, dated 14.02.2008, made in M.C.O.P.No.1283 of 2006, on the file of the Motor Accident Claims Tribunal, Additional District Judge, Krishnagiri, awarding a compensation of Rs.3,31,000/-with 7.5% interest per annum from the date of filing the petition till the date of payment of compensation.

2. Aggrieved by the above said award, the appellant/respondent has preferred the above appeal to set aside the order.

3. The short facts of the case are as follows:

On 02.05.2005, the deceased and his friend, namely Soban Babu were proceeding in his bike bearing registration No.TN29 V9702, with Soban Babu as pillion rider. It was driven by the deceased very slowly and carefully observing all the rules of the road. At about 21.45 hrs, while proceeding towards Hosur, on the Krishnagiri to Hosur National Highway Road and nearing J.P.Petrol Bunk, the TNSTC Bus bearing registration No.TN29 N1015, belonging to the respondent, driven by its driver behind the said bike, in a rash and negligent manner, lost his control and dashed behind the said bike. Due to the impact, the deceased and































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