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2011 Supreme(Mad) 586

P.P.S.JANARTHANA RAJA
Tamil Nadu State Transport Corporation, Villupuram Limited – Appellant
Versus
S. Kanagavalli – Respondent


Advocates Appeared:
For the Appellant:V. Ramesh, Advocate.
For the Respondents/ Caveator:R1 - G. Jermiah, P. Chandrasekar, Advocate, R2 – Ex-parte.

JUDGMENT :-

1. By consent of both parties, the main appeals itself are taken up for final disposal at the time of admission.

2. These appeals are preferred by the Transport Corporation against the judgment and decree dated 11.11.2009 made in M.C.O.P.Nos.45 and 46 of 2007 respectively on the file of the Motor Vehicles Accidents Claims Tribunal, Additional District Judge, Fast Track Court No.I, Poonamallee.

3. Since both the appeals arise out of the same accident, the Tribunal has passed the common order in M.C.O.P Nos.45 and 46 of 2007. Therefore, both the appeals are taken up together and disposed of by a common Judgment.

4. Background facts in a nutshell are as follows:

On 14.01.2005 at about 2.30 p.m., both the injured met with Motor vehicle accident. The claimants/respondents 1 and 2 were travelling in Mahindra Van bearing Reg.No.TN01-A-7088, which was proceeding from Chennai to Malmaruvathur. While the said van was nearing Urapakkam Village, a Government Bus bearing Reg.No.TN72N-07788 belonging to the appellant-Transport Corporation, was driven by its driver in a rash and negligent manner and hit the van. Due to the same, both the injured had sustained fractures. Immediately, the

















































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