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2007 Supreme(Mad) 440

P.D.DINAKARAN
Jayachandran – Appellant
Versus
K. A. Swamy & Another – Respondent


For the Appellant:S. Udayakumar, Advocate. For the Respondents:R1, Karumuthullah, R2, K.S. Narasimhan, Advocates.

Judgment :-

P.D. Dinakaran, J.

The above appeal is directed against order dated 3. 1990 made in MACTOP No.376 of 1986 on the file of the Motor Accident Claims Tribunal, (II Additional Sub Judge), Chengalpet.

2. On 3. 1983, at about 8.30 pm, when the appellant was supervising the loading of milk in Ambattur Milk Dairy, the lorry bearing registration No.TNJ 967, driven in negligent manner, dashed the appellant and ran over on his right leg, due to which his right leg was fractured. He claimed a compensation of Rs.65,000/-.

3. 1. The Tribunal, taking note of the fact that the deceased was aged about 22 years; working in a private lorry service and earning Rs.750/- per month and batta of Rs.5/- or Rs.10/- per day; taking treatment in Kilpauk Medical Hospital for 17 days from 3. 1983 to 23. 1987 as inpatient and at Puthur till the month of July as per Exs.P2 & P3, awarded Rs.4,000/- towards loss of income, Rs.1,000/- towards transportation, Rs.6,000/- towards pain and suffering, Rs.13,000/- towards permanent disability, Rs.14,000/- towards loss of earning capacity and Rs.5,000/- towards mental shock.

3. 2. However, since the place of accident is not a public place, where general public d






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