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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI, J
The Managing Director, Metropolitan Transport Corporation Ltd., (M.T.C. (Chennai) Ltd.) – Appellant
Versus
1.T.Nagarajan 2.N.Pushpadevi – Respondent
| Table of Content |
|---|
| 1. facts and tribunal's finding on negligence (Para 3 , 4 , 5 , 6) |
| 2. arguments concerning the liability (Para 9 , 10) |
| 3. court's affirmation of the tribunal's decision (Para 12 , 13 , 14 , 15) |
JUDGMENT
This Civil Miscellaneous Appeal has been preferred by the Appellant/Transport Corporation praying to set aside the Judgment and Decree dated 16.02.2024 in M.C.O.P.No.863 of 2021 passed by the learned Chief Judge, Motor Accident Claims Tribunal (Court of Small Causes), Chennai.
2. The brief facts of the case are as follows:
On 30.11.2020, at 1.30 p.m., while one Mr.Girijesh (deceased) was travelling as a pillion rider in a Yamaha R15 motorcycle bearing Registration No.TN 09 BS 8158, an unknown car hit the motocycle in which the said Girijesh was travelling and thus, he fell down on the road, at that time, the left rear wheel of the MTC Bus bearing Registration No.TN 01 AN 3900 which was driven by its driver in a rash and negligent manner, ran over the said Girijesh (deceased), as a result of which, Girijesh (deceased) had sustained fatal injuries and died on the spot. Hence, the respondents/claimants (parents of the deceased Girijesh) had filed a Claim Petition against the
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