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2014 Supreme(Mad) 1204

S.RAJESWARAN, S.VAIDYANATHAN
M. Santha Kumar – Appellant
Versus
Tamil Nadu State Transport Corporation (Villupuram Division) Ltd. Represented by its Managing Director, Kancheepuram – Respondent


Advocate Appeared:
N.M. Muthurajan, S. Sairaman, Advocates.

Judgment

S. Rajeswaran, J.

1. Both the appeals are arising out of the same accident, hence, by consent, both the appeals are taken up together in common.

2. CMA No.991 of 2013 is filed by the Transport Corporation questioning the quantum of compensation awarded by the Tribunal in MCOP No.3356 of 2009 dated 17.8.2012.

3. CMA No.440 of 2013 is filed by the injured himself seeking for enhancement of the compensation awarded by the Tribunal.

4. The brief facts are as follows:-

On 19.6.2009 at 20.15 hours, when the petitioner was travelling as passenger in the bus belonging to the appellant-Transport Corporation bearing Registration No.TN-21-N-1075, from Chennai to Puducherry along the East Coast Road, from North to South direction and while the said bus was so proceeding near Boomieswaran Koil, Marakkanam, the driver of the bus drove the same in a rash and negligent manner and grazed against an up coming unknown van, due to which the right hand of the injured was severed. On account of the said accident, the injured lost his right hand from the shoulder level and it was amputated. Since the accident had occured due to the rash and negligent driving of the driver of the appellant Transpor






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