V.MAHADEVAN Vs PALLAVAN TRANSPORT CORP.LTD.
Case number: C.A. No.-002598-002598 / 2009
Diary number: 9147 / 2007
Advocates: Vs
T. HARISH KUMAR
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2598 OF 2009 [Arising out of SLP(C) No.19223/2008]
V. MAHADEVAN ... APPELLANT(S)
:VERSUS:
PALLAVAN TRANSPORT CORPORATION LTD. ... RESPONDENT(S)
O R D E R
Leave granted.
By reason of the impugned judgment, the High Court has attributed
negligence to the extent of 60% to the Transport Corporation Corporation and 40%
to the claimant. But no reason has been assigned in support of the said findings. We
are, therefore, of the opinion that the matter should be considered afresh by the High
Court.
The impugned judgment is, therefore, set aside and the matter is remitted
back to the High Court for consideration on the said question afresh and for passing a
reasoned order.
The appeal is disposed of with the aforementioned direction.
..........................J (S.B. SINHA)
..........................J (Dr. MUKUNDAKAM SHARMA) NEW DELHI, APRIL 13, 2009.