R. THARANI
Managing Director, Tamil Nadu State Transport Corporation Kumbakonam Limited, Thanjavur – Appellant
Versus
Melinda Bharathi Harvi – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the order passed in M.C.O.P.No.364 of 2015, dated 29.11.2019, on the file of the Motor Accidents Claims Tribunal / Special Sub Court, Tiruchirappalli.)
1. This Civil Miscellaneous Appeal has been filed against the award, passed in M.C.O.P.No.364 of 2015, dated 29.11.2019, on the file of the Motor Accidents Claims Tribunal / Special Sub Court, Tiruchirappalli. The appellant herein is the respondent and the respondent herein is the claimant in the original M.C.O.P. Petition.
2. Brief substance of the claim petition, in M.C.O.P.No.364 of 2015, is as follows:
On 29.06.2014, at about 10.30 pm., when the petitioner was traveling in her Scooter bearing Registration No.TN-81-Z-2355, with his daughter, viz., Cherin Jenifer Harvi, as a pillion rider along the Pudukkottai – Trichy High Ways road, near MRT Steel company, a bus bearing Registration No.TN-55-N-0605 was driven by its driver in a rash and negligent manner, dashed against the two wheeler and the petitioner sustained injuries. He sustained fracture in the hip and he took first aid in Trichy Government Hospital and then h
The court confirmed the liability of the Transport Corporation for a road accident based on the FIR, charge sheet, and the absence of an appeal against a connected case. The court also upheld the awa....
The main legal point established is the determination of negligence, proof of disability, and calculation of compensation under the Motor Vehicles Act, 1988.
The appellant's failure to provide sufficient evidence and the deposit of the entire award amount indicated a lack of grounds for challenge, leading to the confirmation of the compensation awarded by....
Negligence of the bus driver established liability for the accident leading to compensation awarded to the claimants.
The main legal point established in the judgment is the reasonable determination of liability in a motor vehicle accident, the assessment of partial permanent disability, and the reasonableness of th....
Negligence apportioned 50:50 between car driver and bus driver in accident due to improper parking and careless driving.
Court upheld tribunal's finding of bus driver's rash negligence based on eyewitness testimony, FIR, and final report, dismissing appeal.
Court apportions negligence 50:50 between car driver and bus driver for parking without adequate signal in accident.
Negligence in motor accident shared 50:50 between car driver and parked bus driver.
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