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2013 Supreme(Mad) 3599

R.BANUMATHI, R.SUBBIAH
New India Assurance Company Limited – Appellant
Versus
G. K. Srinivasan – Respondent


Advocates Appeared:
For the Appellant:M/s. Elveera Ravindran, Advocate.
For the Respondents:R1, Ms. Ramya V. Rao, for A.N. Viswanathan Rao, Advocates.

Judgment :

R. Subbiah, J.

1. Challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal / VI Court of Small Causes, Chennai dated 18.4.2011 made in M.C.O.P.No.775 of 2007, the insurance company has filed the appeal in C.M.A.No.3402 of 2011. Being not satisfied with the same award, the claimant has filed the appeal in C.M.A.No.3680 of 2011.

2. Since both the appeals arise out of the same award, these appeals are disposed of by way of a common judgment.

3. For the sake of convenience, the parties will be referred as per their ranking in C.M.A.No.3402 of 2011.

4. The claim was made by the first respondent / injured victim represented by his wife Amutha, since the victim fell into coma subsequent to the accident.

5. It is the case of the first respondent / claimant before the Tribunal that on 12.12.2005 at about 12.00 hours, when the injured victim was riding a motor cycle bearing registration No.TN 22 AA 8313 at Kovilambakkam Main Road, near Ganesh Saw Mill, Chennai, and when he was proceeding from Nanmangalam towards Kizhkattalai, a car bearing registration No.TN 07 D 7070 came from the opposite direction in a rash and negligent manner and endangering the
































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