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2008 Supreme(Mad) 1923

P.R.SHIVAKUMAR
Prahalath Jasmathiya – Appellant
Versus
V. Sankaran & Another – Respondent


Advocates Appeared:
For the Appellant:K. Bakthavatchalu, Advocate.
For the Respondents:Ms. Mythili Suresh, Advocate.

Judgment :

This Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 as against the award of the Motor Accidents Claims Tribunal (II Judge, Small Causes Court), Chennai dated 25.09.2001 made in M.C.O.P.No.5347 of 1998.

This civil miscellaneous appeal is directed against the award of the Motor Accidents Claims Tribunal (II Judge, Small Causes Court), Chennai dated 25.09.2001 made in M.C.O.P.No.5347 of 1988 in so far as the disallowed portion of the claim is concerned.

2. The appellant herein had filed the above said MCOP claiming a sum of Rs.6,00,000/-as compensation from the respondents 1 and 2 herein as the owner and insurer of the offending vehicle, namely a trailer lorry bearing Regn.No.TN-09 C-9745, for the injuries sustained by him in an accident that took place on 210. 1998 at about 2.15 p.m in Nerkundram on the Poonamallee High Road.

3. According to the petition averments, at the time of accident the petitioner was proceeding from Thiruvallur to Chennai in his motorcycle bearing Regn.No.TN-09 E5838. While he was thus proceeding towards Chennai, the above said trailer lorry bearing Regn.No.TN-09 C-9745 which came from behind in the same d





















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