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2008 Supreme(Mad) 1939

P.R.SHIVAKUMAR
The Oriental Insurance Co. Ltd. , – Appellant
Versus
Mohammed Hussain & Another – Respondent


Advocates Appeared:
For the Appellant :S. Arun Kumar, Advocate.
For the Respondents:V. Kumaravelan, R1, M. Sriram, R2, V. Nicholas, Advocate.

Judgment :-

This Civil Miscellaneous Appeal is directed against the award dated 17.01.2002 made by the Motor Accidents Claims Tribunal (3rd Additional District Judge), Dharmapuri at Krishnagiri in M.A.C.T.O.P.No.287 of 2001 directing the appellant herein to pay a sum of Rs.1,13,500/- as compensation to the first respondent/ claimant together with an interest at the rate of 9% per annum from the date of claim till payment and with proportionate costs.

2. The first respondent herein, alleging that he met with an accident on 010. 1998 at about 6.00 p.m. near Chinnamattarapalli bus stop which resulted in injuries leading to permanent disability, made a claim against the appellant and the second respondent herein for a compensation to the tune of Rs.3,00,000/-. It was his contenting before the tribunal that the motorcycle belonging to the second respondent herein bearing Regn.No.TN-29 U-5604 was the vehicle involved in the accident and that the said motorcycle hit him and caused the accident as its rider rode it rashly and negligently without following the rules of the road. It was his further contention before the tribunal that, while he was walking along the edge of the road, the said






















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