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2013 Supreme(Mad) 3891

P.R.SHIVAKUMAR
K. Madaiyan – Appellant
Versus
Managing Director Tamil Nadu State Transport Corporation Salem – Respondent


Advocates:
Advocate Appeared:
For the Appellants:S. Kalyanaraman, Advocate.
For the Respondent:D. Venkatachalam, Advocate.

Judgment :

1. The claimants in MCOP.No.887 of 2010 before the Motor Accident Claims Tribunal (III Additional District and Sessions Judge), Salem, are the appellants in the present Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Accident Act, 1988 and they have filed the appeal challenging the award in respect of the quantum alone, contending that the amount awarded by the Tribunal is grossly inadequate.

2. As this Court was of the view that the appeal could be disposed of even before admission if the respondent would enter appearance, notice before admission was given and the records of the Tribunal were also summoned. The respondent, namely Tamil Nadu State Transport Corporation, Dharmapuri Division has entered appearance through counsel.

3. The arguments advanced by Mr.S.Kalyanaraman, learned counsel for the appellants and by Mr.D.Venkatachalam, learnedcounsel for the respondent Transport Corporation are heard. The materials available on record are also perused.

4. As there is no Cross Appeal or Cross Objection challenging the finding of the Tribunal regarding the question of negligence and consequently, the liability of the respondent Transport Corpora














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