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2002 Supreme(Mad) 1505

P.SATHASIVAM, K.GNANAPRAKASAM
P. Chandramouli & Another – Appellant
Versus
Tmt. K. Gomathi Ammal (deceased) and Others – Respondent


Advocates Appeared: For the Appellants:Mrs. N.B. Surekha, Advocate for Mr. R. Vedantham. For the Respondent:Mrs. Pushpa Sathyanarayanan, Advocate for M/s. T.R. Rajaraman.

Judgment :-

P. SATHASIVAM, J.

The owner and insurer of the lorry bearing registration No. TAN 4334 are the appellants in the above appeal.

2. In respect of the death of one Dr. S.K. Chockalingam in a motor vehicle accident that had taken place on 25.01.1992, the respondent herein, who is the mother of the deceased filed a claim petition, praying for compensation of Rs.9,04,000/-. Before the Tribunal, the claimant examined herself as P.W.1 and three more witnesses as P.Ws.2 to 4 and also marked Exs.A.1 to A.29 in support of her claim for compensation. On the side of the respondents therein, neither anyone was examined nor any document marked in support of their defence. The Tribunal, on appreciation of the oral and documentary evidence and after holding that the accident was caused due to the negligence of the driver of the lorry in question, passed an award for Rs.3,10,000.00 with interest at the rate of 12% per annum from the date of petition till the date of deposit. Questioning the said award, the insured and the insurer of the lorry have preferred the present appeal questioning the quantum of compensation determined by the Tribunal.

3. Heard the learned Counsel for the appellants
























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