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2012 Supreme(Mad) 324

M.Y.EQBAL, S.VIMALA
Kalvi @ Kalai Arasu – Appellant
Versus
Murugesan – Respondent


Advocates Appeared:
For the Appellant:M/s. K. Varadha Kamaraj, Advocate.
For the Respondents - R1 - Given up, R2 - Counsel for R-2 appeared at CMA.SR.Stage, R3 -M. Krishnamoorthy, Advocate.

Judgment :-

1. The injured, wheel-chaired, had claimed a sum of Rs.30,00,000/- and the Motor Accidents Claims Tribunal had awarded a sum of Rs.9,50,000/-. Contending that the amount of compensation awarded is inadequate, the injured/claimant has filed this appeal praying for enhancement of the compensation awarded by the Tribunal in

M.C.O.P. No.534 of 2007 by the judgment 28.4.2009.

2. The brief facts of the case are stated hereunder :-

The appellant, Kalvi @ Kalai Arasu, is the victim of the accident. He was aged 35 years at the time of the accident; was doing real estate business and earning a sum of Rs.10,000/- per month. On 12.1.2005, at about 18.30 hours, when he was riding his motorcycle, he was hit by a van bearing Regn. No.TN-22-T-2461, due to the rash and negligent driving of the van driver. On account of the accident, the appellant/claimant suffered multiple fractures, which caused permanent disability; he became a paraplegic, as a result of which there was total loss of earning capacity on his part and he has now become a liability to his family.

3. The factum of negligence is disputed. The nature of injury, period of treatment, medical expenditure involved, alleged per


























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