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2024 Supreme(Online)(MAD) 11888

HIGH COURT OF MADRAS
Hon`ble Mrs.Justice S.SRIMATHY
THE MANAGING DIRECTOR – Appellant
Versus
S. Nadhiya – Respondent


JUDGEMENT

The Transport Corporation has preferred this Civil Miscellaneous Appeal.

2.The contention of the Transport Corporation is that the Tribunal has fixed the negligence on the part of the Transport Corporation as 80% but the Transport Corporation has not committed any mistake. On perusing the nature of the accident, it is seen that it is a head on collision. The Transport Corporation bus was travelling from South to North whereas the offending vehicle was travelling from North to South. When it is a head on collision, the Transport Corporation also has negligence on its part. Therefore, this Court is not inclined to accept the contention of the Transport Corporation.

3. It is seen that the Tribunal has fixed 80% negligence on the part of the Transport Corporation and this Court is of the considered opinion that the same is on the higher side. Hence, this Court is inclined to reduce it to 70%. The Transport Corporation’s negligence is fixed as 70% and 30% of negligence on the offending vehicle.

4. Under the head of loss of consortium, the Tribunal has granted Rs.

35,000/-, this Court is increasing the same to Rs.40,000/-. The compensation granted under the other heads are confirmed

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