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2011 Supreme(Mad) 1227

T.MATHIVANAN
A. Humayur Bevi – Appellant
Versus
S. Ganesan – Respondent


Advocates Appeared:
For the Petitioners:M. Seyadhu Sulaiman for M. Ajmal Khan, Advocates.
For the Respondents:R2 - D. Sivaraman, Advocate.

Judgment :

1. Challenging the award of Rs.1,17,000/- as well as the findings of the Motor Accidents Claims Tribunal ( I Additional. District Judge-cum-Chief Judicial Magistrate), Madurai, exonerating the Insurance Company from the clutches of the liability, dated 26.9.1996 and made in M.C.O.P. No.782 of 1994, on the file of the Motor Accidents Claims Tribunal (Additional District Judge-cum-Chief Judicial Magistrate), Madurai, the Claimants have approached this Court by way of this Appeal.

2. Thefacts which are absolutely necessary for the disposal of this Appeal are as under: That on 17.12.1993 at about 4.30 p.m. the deceased Asan Meeran was fatally knocked down by a lorry bearing registration No.TDA-4129 belonging to the First Respondent herein, when he was proceeding in a cycle in front of Saranya Sweet Stall on Madurai-Alagarkoil Road at Tallakumam, which was resulted in his death instantaneously on the spot. Hence, the Claimant being the wife, minor children and mother of the deceased had filed a Claim Petition in M.C.O.P. No.782 of 1994, on the file of the Motor Accidents Claims Tribunal (Additional District Judge-cum-Chief Judicial Magistrate), Madurai, claiming a sum of Rs.3

































































































































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