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2011 Supreme(Mad) 4347

B.RAJENDRAN
National Insurance Co. , Ltd. – Appellant
Versus
P. Santhi @ Vijaya – Respondent


Advocates Appeared:
For the Appellants:S. Vadivel, Advocate.
For the Respondents - A. Shanmugaraj, Advocate.

Judgment :-

1. Both the appeals arise out of one and the same award dated 28.11.2006 made in

M.A.C.T.O.P. No. 2424 of 2002 passed by the Motor Accident Claims Tribunal (2nd Small Causes Court) Chennai. While C.M.A. No. 1615 of 2007 has been filed by the Insurance Company questioning the quantum of compensation awarded in favour of the claimants/respondents therein, C.M.A. No.1018 of 2008 has been filed by the claimants/appellants seeking enhancement of the compensation amount. Therefore, by consent of both sides, both the appeals are disposed of by this common judgment.

2. The facts which gave rise for filing the claim petition is that on 11.10.2001 at about 2.00 pm when the deceased Pichandi was riding the M80 two wheeler bearing Registration No. TN-02-E-7011 along Sai Nagar Main Road, Chennai, the lorry bearing Registration No. TN-37-M-6894 was driven by its driver in a rash and negligent manner and dashed against him. In the impact, the deceased died on the spot. According to the claimants, at the time of accident, the deceased was aged 34 years, a fish vendor and earning Rs.200/- per day. Therefore, for the death of the deceased, the claimants, who are wife, children, father an



















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