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2008 Supreme(Mad) 111

R.BANUMATHI
G. Deivasigamani & Others – Appellant
Versus
Metropolitan Transport Corporation Ltd. , rep. By its M. D. , Chennai Div. I, formerly known as Pallavan Transport Corporation Ltd. – Respondent


Advocates Appeared:
For the Appellants :T.G. Balachandran, Advocate.
For the Respondent:S.V. Vasantha Kumar, Advocate.

Judgment :-

An interesting question is involved in this appeal. By the impugned Judgment, the Tribunal has held that brother and sisters of deceased Vanniyaraj are not entitled to compensation, as they are not his dependants.

2. Brief facts as set out in the claim petition are as follows: - On 012. 1992 at about

1. 55 p.m., the deceased boarded the Corporation bus TDN – 01 N 1530 at Tambaram bus depot and at that time, the bus driver has started the bus negligently, which resulted in collision with the standing PTC bus TN 01 N 1531, which caused fall of the deceased, resulting in fatal injuries to Vanniyaraj. Vanniyaraj sustained fracture injuries in ribs, chest injuries and multiple injuries. He was admitted in Government Hospital, Madras, where he succumbed to the injuries on 012. 1992.

3. Alleging that death was due to rash and negligent driving of bus driver, wife of Vanniyaraj – Malliga has filed claim petition claiming compensation of Rs.5,13,300/-. During the pendency of the Petition, Malliga also passed away. Brother and sisters of

deceased Vanniyaraj – appellants, were impleaded. Under various heads – loss of dependency and love and affection, appellants have claimed compen














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