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2007 Supreme(Mad) 1841

S.PALANIVELU
Jothi & Another – Appellant
Versus
Viruthasarani & Others – Respondent


Advocates:
For the Appellants :P. Sukumar, Advocate. For the Respondents:P. Mani, Advocate.

Judgment :-

Insurance Company and the owner have filed this appeal, aggrieved over the award, dated 16.04.2001, made in MACTOP No.159 of 1994, on the file of Motor Accident Claims Tribunal (Principal Sub-Court), Tindivanam, awarding a compensation of Rs.2,00,000/-, as against the claim of Rs.3,00,000/-.

2. There is no dispute about the manner of accident and the liability fixed on the driver, for causing the accident.

3. One Mannan suffered injuries in a road traffic accident on 210. 1993 at about 07.15 p.m., while he was going along Gingee-Chetput Road, on account of rash and negligent driving of the driver of the bus, belonging to first appellant. The said Mannan was engaged in the business of purchasing and selling milch animals and earning a sum of Rs.3,000/- per month. It is also in evidence that he was leading goats, among which 10 goats died in the accident on the spot. Gravity of the accident is depicted by the said circumstance.

4. Originally, the said Mannan filed the claim petition for a compensation of Rs.1,10,000/- and since he succumbed to injuries pending the claim petition, the claimants, after their impleadment as wife, son and daughters, prayed for an enhanced












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