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2013 Supreme(Mad) 3702

S.VIMALA
A. Gopal – Appellant
Versus
Muthammal – Respondent


Advocates:
Advocate Appeared:
For the Appellants:S. Arunkumar. Advocate.
For the Respondents:R1 to R5, P.P. Shanmugasundaram, Advocate, No Appearance, for R6, Ms. T. Sundari, Advocate, for R7 NDW – R8.

Judgment :

1. CMA No.2983 of 2003 is filed, as against the award in MCOP No.807 of 1994 and CMA No.2984 of 2003 is filed, as against the award passed in MCOP No.26 of 1995.

2. It is the case of collision between the two vehicles, bearing Registration No.TN33-N-0524 belonging to the Tamil Nadu State Transport Corporation Limited and the lorry, bearing Registration No.TCB 6828.

3. As per the case of the claimants in MCOP No.807 of 1994, the Corporation Bus, which was proceeding from Avinashipalayam Sangam towards the north, dashed against the lorry bearing Registration No.TCB 6828. The cause of accident, as stated in the claim petition, is that both the bus and the lorry were driven in a rash and negligent manner and that was the reason why, the deceased, who was travelling in the bus, suffered an accident and died. But it is not explained as to how both the vehicles were rash and negligent, while being driven.

3.1. According to the averments made in MCOP No.26 of 1995, the petitioner, Senthilnathan, was travelling in Jeeva Transport Corporation Bus and the accident occurred on account of rash and negligent driving on the part of the drivers of both the vehicles.

4. The Tribunal,
















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