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2012 Supreme(Mad) 4221

ARUNA JAGADEESAN
Anbazhagan – Appellant
Versus
V. Shankar – Respondent


Advocates Appeared:
For the Appellants:M/s. C&K Law Firm, Advocate.
For the Respondents:V. Sounder Rajan, Advocate.

Judgment :-

These Civil Miscellaneous Appeals are filed by the claimants and the Insurance Company respectively against the Judgement and Decree dated 15.07.2008 made in MCOP.No.3537/2005 by the learned II Judge, Small Causes Court (MACT) Chennai, whereby the Tribunal has awarded Rs.5,54,948/-as compensation to the appellants in CMA.No.4107/2008, who are the husband, two minor children and father of the deceased Asha, who died in the motor accident that had occurred on 2.3.2005.

2. The brief facts are that on 2.3.2005 at about 8.20 a.m. at Chinmaya Nagar, the deceased was travelling as a pillion rider in the motor cycle bearing Reg.No.10-B-6043 owned by her younger brother V.Shankar, who is the 1st Respondent in CMA.No.4107/2008 driven by her youngest brother V.Arunachalam for going to the School where she was employed as a Teacher. Due to rash and negligent riding of the rider of the motorcycle, the motorcycle slipped into an uneven rough and dipping surface on the road, as a result of which, the deceased fell down and sustained severe head injuries. She was immediately taken to the Surya Hospital, Chennai and despite intensive treatment given to her, she succumbed to the injuries












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