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2016 Supreme(Mad) 2710

A.SELVAM, P.KALAIYARASAN
A. Mani – Appellant
Versus
V. Elango – Respondent


Advocates Appeared:
For the Appellants : Mr. S. Raghavan.
For the Respondent: Notice Dispensed with for R1 and R2.

JUDGMENT :

P. KALAIYARASAN, J.

This Civil Miscellaneous Appeal has been filed by the claimants against the order, dated 21.01.2013 passed in M.C.O.P.No.3349 of 2009 by the Motor Accident Claim Tribunal, Chennai.

2. The claimants are parents of the deceased Omprakash, who died in the work spot at 5.45 pm on 13.05.2008, as the tipper lorry, bearing Regn.No.TN-10-T-9903 belonging to the second respondent herein and insured with the third respondent herein was driven rashly and negligently by the driver by suddenly taking a reverse and hit the deceased. The claimants claimed Rs.35,00,000/- from the respondents as compensation.

3. The claimants pleaded before the Tribunal that the deceased was a Diploma holder and was working as a Project Manager and earned Rs.40,000/- p.m. The age of the deceased was averred as 32 years.

4. The Tribunal after considering the oral as well as the documentary evidence let in by both sides, awarded Rs.9,60,000/- with 7.5% interest from the date of the petition and held that the respondents 2 and 3 are jointly and severally liable to pay the compensation. Aggrieved by the quantum fixed by the Tribunal, the claimants have preferred this Civil Miscellaneous Appeal












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