MANAGING DIRECTOR Vs. RAHAMATHUNNISA
LAWS(MAD)-2006-9-21
HIGH COURT OF MADRAS
Decided on September 08,2006

MANAGING DIRECTOR Appellant
VERSUS
RAHAMATHUNNISA Respondents


Referred Judgements :-

ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LTD. VS. A.P. SIKLIKER BY GUJARAT HIGH COURT [REFERRED TO]
MANAGING DIRECTOR,THANTHAI PERIYAR TRANSPORT CORPORATION,VILLUPURAM V. SUNDARI AMMAL AND OTHERS [REFERRED TO]
MAHANT DHANGIR VS. MADAN MOHAN [REFERRED TO]
SEWARAM SHEERAMAL VS. NANHE KHAN AKBAR BEG [REFERRED TO]
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VS. KAMLABAI [REFERRED TO]
SEEMA CHAWLA VS. MOHINDER SINGH [REFERRED TO]


JUDGEMENT

- (1.)CHALENGING the judgment and decree dated 16. 12. 1997 passed by the Motor Accident Claims Tribunal, (Sub-Court), Krishnagiri, in M. C. O. P. No. 306 of 1995, Annai Sathya Transport Corporation has preferred the above Civil Miscellaneous Appeal.
(2.)ACCORDING to the respondent/claimant, on 01. 10. 1994, at 1. 00 p. m. , the bus belonging to the Transport Corporation, driven rashly and negligently by its driver, dashed against a tanker lorry which was stationed in the left side of the road near Naduppaiyur and on account of the said accident, her husband and two others died and several others in the bus got severely injured. Thus, it is the case of the respondent/claimant that the Transport Corporation is liable to pay her a compensation of Rs. 5,00,000/- for the death of her husband in the accident caused by the Transport Corporation bus driver. On her side, three witnesses including her were examined and three documents were marked.
(3.)BEFORE the Tribunal, the Transport Corporation filed its counter contending that the tanker lorry was stationed in the middle of the road without any signal and the accident did not happen due to careless and negligent act of the bus driver. Hence, it was its case that the owner and Insurer of the tanker lorry are liable to pay the compensation. The Transport Corporation further disputed the claim with regard to age and income of the deceased. But, on its side, no oral or documentary evidence was let in.


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