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MADRAS HIGH COURT
Unnamed Judge, J
Transport Corporation – Appellant
Versus
Claimants – Respondent
| Table of Content |
|---|
| 1. claimants allege bus driver negligence in the accident. (Para 1 , 2 , 3) |
| 2. defense argues contributory negligence from the deceased. (Para 4 , 5 , 6) |
| 3. court clarifies standards for contributory negligence in road accidents. (Para 12 , 14 , 20) |
| 4. final ruling on liability and compensation aimed at equity. (Para 24 , 25) |
1. This civil miscellaneous appeal has been preferred against the award passed in MCOP No. 445 of 2014, dated 30.6.2015, on the file of the Motor Accidents Claims Tribunal / Principal District Court, Pudukkottai.
2. Admittedly, the claimant No. 1 is the father, claimant No. 2 is the mother and claimant No. 3 is the sister of the deceased - Govindaraju. The accident is admitted and the involvement of TVS Sport motor cycle and the bus bearing registration No. TN 55-0520 owned by the appellant transport Corporation, is not in dispute.
3. The case of the claimants is that on 15.12.2011, when the deceased - Govindaraju was returning to his school, after purchasing paper and pen, along with his three friends Venkateshwaran, Prasanth and Gowthamanraj on a motor cycle driven by the said Prasanth, one lorry, which was proceeding before the two - wheeler, had
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