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R. KALAIMATHI
Managing Director, The Tamil Nadu State Transport Corporation(MAD-DIV-I)Ltd, Madurai – Appellant
Versus
Packiammal – Respondent
JUDGMENT :
This Civil Miscellaneous Appeal is preferred by the Managing Director of Tamil Nadu State Transport Corporation, Madurai against the order, dated 28.02.2019, passed in M.C.O.P.No.315 of 2008, on the file of the Motor Accidents Claims Tribunal/Principal District Judge, Dindigul.
2. This Civil Miscellaneous Appeal is focussed on the question of negligence.
3. Heard the learned counsel for the appellant and respondents.
4. Case set out in the claim petition is given herein in brief:
On 12.12.2007, at 9.30 a.m., while the deceased Ramachandran was standing opposite to Tea stall near railway gate at Dharapuram Main Road, Palani, at that point of time, a bus bearing Registration No. TN 58 N 0202 came from north to south in a rash and negligent manner, dashed on the said Ramachandran and due to the said impact, he sustained head injury. On the way to hospital, he lost his breath. The accident occurred on account of the rash and negligent driving of the driver of the respondent/bus. As the bus is owned by the respondent-Corporation, the respondent-Corporation is liable to pay compensation to the claimants, who are the legal heirs of the deceased Ramachandran.
5. Details of counter of
The court affirmed the liability of the transport corporation for the accident due to the driver's negligent conduct, upholding the compensation awarded by the Tribunal.
The main legal point established in the judgment is the determination of liability in a motor accident case based on evidence of rash and negligent driving.
The main legal point established in the judgment is the determination of liability under the Motor Vehicles Act, 1988, the assessment of quantum of compensation, and the application of legal principl....
The court ruled that the bus driver was solely responsible for the accident due to rash and negligent driving, and the insurance company was not liable for compensation.
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