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2008 Supreme(Mad) 4098

V.PERIYA KARUPPIAH
T. M. Kaliappan & Others – Appellant
Versus
P. K. Murthy – Respondent


Advocates Appeared:
For the Appellants:N. Manoharan, Advocate.
For the Respondent:R2, M/s. Rajinish Pathiyil, Advocates.

Judgment :-

This appeal is directed against the award passed by the lower Court in M.C.O.P. No: 47 of 2002 [M.C.O.P. No: 114 of 2000 on the file of the Sub Judge, Gobichettipalayam] by the claimants for enhancement of compensation. The case of the parties before the lower Court are briefly stated as follows:

"(i) On 09.08.1999 at 8.00 a.m. the 1st claimant and his sons father-in-law were travelling in a TVS-50 bearing registration No: TN-36 B-0887. The 1st claimant was travelling as a pillion rider. When the TVS 50 was coming from north to south in the Coimbatore – Mysore Highway, the bus belonging to the 2nd respondent bearing registration No: TN-33 0701 driven in a rash and negligent manner by its driver dashed against the TVS 50. The 1st claimant fell down and the right side wheel of the bus ran over the right leg of the 1st claimant. He was hospitalised at Sathyamangalam Government Hospital and Coimbatore Ganga Hospital and various surgeries were performed on him. The 1st claimant suffered a permanent disbaility. Before the accident he was doing agricultural work in about 12 acre land. He spent a huge sum towards his treatment. On 011. 2001, the 1s claimant died leaving behind c










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