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2008 Supreme(Mad) 4267

R.SUDHAKAR
The New India Assurance Co. Ltd. , Chennai & Another – Appellant
Versus
Senthil Kumar & Others – Respondent


Advocates Appeared:
For the Petitioners:T.M. Venkatraman, Salim Fathima, Manoranjitham, Advocates.
For the Respondents: No appearance.

Judgment :-

Both the above appeals have been filed against the award dated 29. 2001 passed in M.C.O.P.No.1003 of 1998 on the file of the Motor Accidents Claims Tribunal (II Judge, Small Causes Court), Chennai.

2. C.M.A.No.1485 of 2002 has been filed by the New India Assurance Company, challenging the award seeking reduction in the compensation.

3. C.M.A.No.1545 of 2002 has been filed by the injured claimant seeking enhancement of the compensation.

4. It is a case of injury. The brief facts of the case are as follows:- The accident in this case happened on 210. 1997. The injured claimant Senthilkumar, aged 24 years, employed in ESI Hospital, K.K. Nagar, was about to cross the road at Anna Salai, near Pay & Accounts Office, Chennai. He was hit by a van TN-07-F-9072 driven by its driver in a rash and negligent manner. In that accident he suffered fracture and injuries as follows:-

"Fracture and Compression of spinal chord which has been diagnosed as paraplegic injury."

A sum of Rs.12 lakhs was originally claimed as compensation and subsequently amended to Rs.25,35,000/- stating that the disability suffered by the injured claimant is 100%. According to the injured claimant, he was tr



















































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