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1999 Supreme(Mad) 642

K.P.SIVASUBRAMANIAM
Tamil Nadu State Transport Corporation (Madurai Division III) Ltd. – Appellant
Versus
Saraswathi – Respondent


Advocates Appeared:
For the Appellant :V. Rangaraju, Advocate.
For the Respondents:P. Ananthakrishnan Nair, K. Jayaraman, Advocates.

Judgment :-

This appeal is directed against the award of the Motor Accident Claims Tribunal Nagarcoil in M.C.O.P. No. 34 of 1990. The State Transport Corporation is the appellant in the above appeal.

2. According to the claimants, on 3.8.1989, the deceased Ganapathy, was travelling in the bus bearing registration No. TCB 7613 belonging to the appellant/Corporation. It was driven by the driver of the Corporation in a rash and negligent manner, as a result of which the deceased Ganapathy was thrown out of the bus in the back entrance in a curve near Esakkiamman temple at Kootumangalam. The accident happened at 530 p.m. on 3.8.1989. The victim was taken to the Neyyor hospital immediately. The doctor pronounced him as dead. The death was purely due to rash and negligent driving of the driver of the Corporation bus and the accident had happened. The deceased would have lived for another 52 years and the claimants would have received from him not less than Rs. 1,854/- per month till his marriage at the age of 30. The deceased was 23 years at the time of the accident. Therefore, according to the claimants, the claimants have incurred damages to the tune of Rs. 2,14,536/- Claimants 2 to 4 ar











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