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2001 Supreme(Mad) 45

P.SATHASIVAM, P.THANGAVEL
Pallavan Transport Corporation, represented by its Managing Director, Pallavan Salai, Madras – Appellant
Versus
Saroj Goyal – Respondent


Advocates Appeared:
M. Krishnamoorthy, for Appellant. S. Gangaram Prasad, for Respondents.

Judgment :-

P. Sathasivam, J.:

1. Aggrieved by the award of the Motor Accidents Claims Tribunal (Chief Judge, Small Causes Court), Madras in M.A.C.T.O.P.No.1998 of 1993 dated 5.8.1996, Pallavan Transport Corporation has filed the above appeal. Regarding disallowed claim, the claimants have filed cross-objection No.38 of 1998.

2. Since the appeal and cross-objection arise from the same order, they are being disposed of by the following common judgment.

3. In respect of death of one Sunil Goyal, the widow, minor son and parents of the deceased prayed for a compensation of Rs.15 lakhs. The Tribunal after considering the oral and documentary evidence after holding that the accident was caused due to the negligence of the driver of the Transport Corporation, passed an award for Rs.6,15,000.00 with interest at the rate of 12 per cent per annum from the date of the claim petition till the date of deposit. Aggrieved by the said award, the Transport Corporation has filed the above appeal and with regard to disallowed claim the claimants have filed cross-objection

4. It is seen that the accident took place on 7.4.1993 at 2.20 p.m., in Kilpauk Garden Road, Madras involving the bus belonging to



















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