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2013 Supreme(Mad) 3520

C.S.KARNAN
National Insurance Company Kangeyam – Appellant
Versus
Kumarayee alias Kaliammal – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mrs. N.B. Sulekha, Advocate.
For the Respondents:R1 to R3, A.P. Thangavel, Advocate, R4, Not ready notice.

Judgment :

1. The appellant / second respondent has preferred the present appeal against the judgment and decree dated 10.01.2006, made in M.A.C.T.O.P.No.248 of 2003, on the file of the Motor Accident Claims Tribunal, Additional District Court (Fast Track Court No.V), Tiruppur.

2. The short facts of the case are as follows:-

The claimants, who are the mother and minor children of the deceased Chandrasekaran, had filed a claim petition in M.A.C.T.O.P.No.248 of 2003, on the file of the Motor Accident Claims Tribunal, Additional District Court (Fast Track Court No.V), Tiruppur, claiming a compensation of Rs.10,00,000/-from the respondents for the death of the said Chandrasekaran, in a motor vehicle accident.

3. It was submitted that on 17.11.2001, when the deceased was riding his moped bearing registration No.TN39 S0994, along with his wife and children as pillion riders and at about 10.00 a.m., when the moped was proceeding towards north on the extreme left of Tiruppur-Dharapuram Road and near Kovilvazhi Nallur pirivu, the first respondent's lorry bearing registration No.TN51 3949, which was coming in the opposite direction and driven in a rash and negligent manner, dashed against























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