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R. THARANI
Tamil Nadu State Transport Corporation Ltd. , Rep. by its Managing Director, Kumbakonam – Appellant
Versus
Muralidharan – Respondent
JUDGMENT
(Prayer:This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and award made in M.C.O.P.No.131 of 2011, dated 12.02.2013, on the file of the Motor Accidents Claims Tribunal – Principal Sub Court, Kumbakonam.)
1.This Civil Miscellaneous Appeal has been filed against the award made in M.C.O.P.No.131 of 2011, dated 12.02.2013, on the file of the Motor Accidents Claims Tribunal – Principal Sub Court, Kumbakonam. The appellant herein is the third respondent, the first respondent herein is the claimant and the respondent s 2 & 3 herein are the respondents 1 & 2 in the original M.C.O.P. Petition.
2. A brief substance of the petition, in M.C.O.P.No.131 of 2011, is as follows:-
On 06.09.2010, when the second petitioner - Muralidharan and his son Hariharan travelled in the Cabin of a TATA Ace vehicle bearing Registration No.TN-68-B-2092, a bus bearing Registration No.TN-49-N-1550, came in a rash and negligent manner and dashed against the mini Van. The second petitioner and the deceased sustained injuries. The petitioner sustained grievous injuries, he was admitted in K.S.Hospital and then, he was admitted in Anbu Hosp
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....
The main legal point established is the determination of negligence, proof of disability, and calculation of compensation under the Motor Vehicles Act, 1988.
The main legal point established in the judgment is the assessment of just and reasonable compensation for injuries sustained in a motor accident, based on the evidence presented before the Tribunal.
Negligence apportioned 50:50 between car driver and bus driver in accident due to improper parking and careless driving.
Negligence in motor accident shared 50:50 between car driver and parked bus driver.
The court emphasized the importance of evidence in establishing negligence and determining reasonable compensation under the Motor Vehicles Act.
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