V.DHANAPALAN, G.CHOCKALINGAM
Branch Manager – Appellant
Versus
Devaraj – Respondent
V. Dhanapalan, J.
1. Challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal (Principal Subordinate Judge), Tindivanam, in M.C.O.P.No.518 of 2009 at Rs.23,60,269/-for the injuries sustained by the first respondent/claimant -Devaraj, the insurance company has preferred this appeal.
2. Brief facts are that on 04.05.2009 at about 22.00 hours, when the claimant/first respondent was returning along with his family members from Alathur in his vehicle bearing Regn. No.PY 01 TEM/H-1427, near Alathur Koot Road, the vehicle dashed against the tamarind tree and capsized as the driver drove the vehicle in a rash and negligent manner. In the accident, the claimant and his family members sustained grievous injuries. Immediately after the accident, the claimant was taken to PIMS Hospital, Pondicherry and thereafter, referred to JIPMER, Pondicherry and then to Government General Hospital, Chennai for further treatment. A case was registered in Crime No.377 of 2009 on the file of Marakanam Police Station for the offences under Sections 247, 337 and 304(A) I.P.C. Alleging that the accident was due to the rash and negligent driving of the driver of the second r
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