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2009 Supreme(Mad) 823

A.C.ARUMUGAPERUMAL ADITYAN
The Managing Director – Appellant
Versus
Nachimuthu & Others – Respondent


Advocates appeared:
For the Petitioner:B. Vijayalakshmi, Advocate.
For the Respondents:R1, N. Manoharan, R3, K. Padmanabhan, Advocates.

Judgment

These revision petitions have been directed against the award in M.C.O.P.No.849 of 2000 and M.C.O.P.No.848 of 2000 respectively on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Namakkal. The revision petitioner is the first respondent, the Managing Director,ATC now known as TNSTC, Salem.

2. The grievance of the revision petitioner is that the Tribunal has fastened the liability on the driver of vehicle belonging to the first respondent viz., Tamil Nadu State Transport Corporation, Salem and also on the driver, who is the second respondent in M.C.O.P.No.849 of 2000 and M.C.O.P.No.848 of 2000 respectively who is the owner of the lorry which involved in the accident.

3. According to the learned counsel for the revision petitioner, the learned Tribunal, after passing an award for Rs.10,000/-in both M.C.O.Ps, has fastened the liability on the first respondent ie., directing the first respondent to pay 50% of the award amount which according to the revision petitioner is not sustainable. But on a perusal of the award passed in M.C.O.P.No.849 of 2000 and M.C.O.P.No.848 of 2000 on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrat


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