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2012 Supreme(Mad) 4330

ARUNA JAGADEESAN
Venkatesan – Appellant
Versus
Kasthuri – Respondent


Advocates Appeared:
For the Appellants:R. Nadana Sabapathy, Advocate.
For the Respondents:R2, G. Udayashankar, Advocate.

Judgment

1. The injured claimant Venkatesan in the claim petition in MCOP.No.99/2003 on the file of the learned Subordinate Judge, MACT, Maduranthagam has filed this Civil Miscellaneous Appeal, challenging the award dated 18.9.2009, being aggrieved by the award of compensation of Rs.1,74,754/-awarded by the Tribunal for the injuries sustained by him. The injured claimant/appellant died pending the appeal and the Appellants 2 to 4, who are the wife and daughters of the injured claimant, were brought on record as his legal representatives by order of this court dated 4.6.2012 made in CMP.No.1/2010 and thus, the said legal representatives are further prosecuting the litigation at present.

2. Mr. R. Nadana Sabapathy, the learned counsel for the Appellants would submit that in the facts and circumstances, taking into consideration the nature of the injuries, the compensation awarded by the Tribunal is on the lower side and hence, the compensation requires to be enhanced. The learned counsel would contend that the legal representatives of an injured can further prosecute the litigation, since it is a loss to the estate of the deceased and hence, despite the fact that the original injured













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