S.MANIKUMAR
Managing Director, Tamil Nadu State Transport Corporation Ltd. , Vellore – Appellant
Versus
M. Shanthi & Others – Respondent
Aggrieved by the award dated 19. 2008 made in M.A.C.T.O.P. No. 41 of 2006 on the file of the Motor Accidents Claims Tribunal, (Subordinate Court), Ranipet, the appellant-Transport Corporation preferred this appeal.
2. Heard Mr. N. Anand, learned counsel appearing for the appellant and Mr. V. Jaggannathan, learned counsel for the respondents.
.3. Brief facts of the case are as follows:
.On 212. 2005 about 4.30 p.m., when the deceased after loading the gunny bags, was trying to get down from a bus bearing Registration No. TN32N0672, owned by the appellant-Transport Corporation, after loading the gunny bags, the driver of the bus suddenly moved the bus and due to which, the deceased fell down, the back wheel ran over his hip and he was crushed to death. Legal representatives of the deceased have preferred a claim for Rs. 4,00,000/-.
4. The Transport Corporation resisted the claim application. They denied the negligence of the driver and disputed the entitlement of the claimants for compensation on the ground that they are not dependants.
5. Before the Tribunal, the wife of the deceased was examined as P.W.1 and an eye-witness was examined as P.W.2. Exhibit P-1 – First In
1. Vidya Dhar dubey v. U.P. State Road Trans. Corpn. (1997) ACJ 1388
3. New India Assurance Co. Ltd. v. Ashwin Vrajlal Rajgor (2005) ACJ 1618
4. Megjibhai Khimji Vira v. chaturbhai Tajiabhai (1977) ACJ 253 (Guj.)
5. Oriental Insurance Company Ltd.
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