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2001 Supreme(Mad) 679

A.SUBBULAKSHMY, P.SATHASIVAM
G. Nagendra Devi – Appellant
Versus
Y. Mosses – Respondent


Advocates Appeared:
Mr.C. Munusamy for Mr.M.Swamikannu, Advocate for Appellants. Mr.M.B. Raghavan, Advocate for Respondent No.2.

Judgment :

P. Sathasivam, J.

1. Claimants in M.A.C.T.O.P.No.2074 of 1996 on the file of the Motor Accidents Claims Tribunal (IV Judge, Court of Small Causes) are the appellants in the above appeal. In respect of death of one G. Krishnamurthy in a motor vehicle accident which took place on 8/9.5.96 at 01.15 hours, wife, minor children and mother of the deceased have prayed for compensation of Rs.7,00,000. Second respondent therein insurance company filed counter statement disputing various averments made in the claim petition.

2. Thetribunal, after considering the oral and documentary evidence and after holding that the accident was caused due to the negligence of the rider of the motor cycle has passed an award for Rs.3,22,200 with interest at 12% from the date of petition till the date of deposit. In view of the fact that the rider of the motorcycle was not having licence, the tribunal restricted the award only against the owner of the motorcycle viz. the first respondent herein.

3. Against that award, the claimants have preferred the present appeal seeking the liability on the insurance company as well as claiming higher compensation.

4. Heard learned counsel for the appellants a














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