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2009 Supreme(Mad) 1448

K.K.SASIDHARAN
National Insurance Co. Ltd. , Motor Third Party Claims Office – Appellant
Versus
A. P. Prasanna Venkatesh & Another – Respondent


Advocates Appeared:
For the Petitioner:Srinivasan Ramalingam, Advocate.
For the Respondents:R1, M/s. C & K Law Firm, Advocates.

Judgment

1. This civil revision petition is directed against the order dated 111. 2007 in M.P.S.R.No.38270 of 2007 in M.C.O.P.No.5111 of 2004 on the file of the Motor Accidents Claims Tribunal (V Court of Small Causes), Madras, whereby and where under the application submitted by the petitioner to direct the first respondent/claimant to appear before the medical board for assessing the disability was rejected as not maintainable.

2. The claim petition in M.C.O.P.No.5111 of 2004 was preferred by the first respondent claiming a sum of Rs.30,00,000/- on account of the injury sustained by him in an accident on 27.07.2004 involving the vehicle owned by the second respondent and insured with the petitioner.

3. In the claim petition filed before the Tribunal, it was the case of the first respondent herein that when he was proceeding in his motor vehicle bearing Registration No.TN-10-A-5500 along the Tharamani 100 feet road near Bharathi Nagar bus stop from eastwest direction on 27.07.2004 at about 12.30 hours, the lorry bearing registration No.TN-07-C-7995 came from behind in a rash and negligent manner and dashed against his motorcycle and as a result of which, he sustained grievous inju





























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