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2017 Supreme(Mad) 3565

R.SUBBIAH, P.VELMURUGAN
Managing Director, Tamil Nadu State Transport Corporation Limited – Appellant
Versus
K. Mahendran – Respondent


Advocates Appeared:
For the Appellant : S. Sairaman.
For the Respondent: G. Ilangovan.

JUDGMENT :

R. SUBBIAH, J.

1. Civil Miscellaneous Appeal No. 2054 of 2015 has been filed by the appellant/Transport Corporation questioning the correctness of the Judgment and Decree passed by the Tribunal in MCOP No. 5669 of 2013 in so far as it relates to the fastening of 50% liability on the Corporation as well as the quantum of compensation awarded in favour of the claimant.

2. Not being satisfied with the quantum of compensation awarded by the Tribunal as well as the correctness of the assessment of 50% towards contributory negligence imposed on him, Cross Objection No. 63 of 2007 has been filed by the claimant/injured

3. As both the appeal and cross objection arise out of the Decree and Judgment passed by the Tribunal in MCOP No. 5669 of 2013, they are taken up for hearing together and are disposed of by this common Judgment.

4. For easy reference of the parties to the appeal and cross objection, the appellant in CMA No. 2054 of 2015 shall be referred as 'Corporation' and the respondent therein shall be referred to as claimant.

5. The claimant has filed MCOP No. 5669 of 2003 before the Motor Accidents Claims Tribunal, Chennai contending that on 16.02.2013 at about 12.45 hours, he wa













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