C.S.KARNAN
The New India Assurance Co. , Ltd. , R. S. Puram, Coimbatore – Appellant
Versus
M. Kumar – Respondent
1. The above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 13.08.2004, made in M.C.O.P.No.1159 of 2002, on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.V, Coimbatore at Tiruppur, awarding a compensation of Rs.2,23,088/- together with interest at the rate of 9% per annum from the date of filing the petition till the date of payment of compensation.
2. Aggrieved by the said Award and Decree, the appellant/second respondent has filed the above appeal praying to scale down the compensation amount granted by the Tribunal.
3. The short facts of the case are as follows:
On 09.04.2002, at about 4.30 p.m. the petitioner was walking near Radharani Theatre, Singanallur at Trichy road. At that time, a person, who is the employee of the first respondent was coming in the first respondents motorcycle bearing registration No.TN37 U7007, at Trichy road, Coimbatore, west to east, without observing the traffic rules, at a high speed and without giving horn, dashed against the petitioner. In the result, the petitioner had sustained grievous injuries on the right and left f
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