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2016 Supreme(Mad) 3339

T.RAJA
Branch Manager, M/s. Oriental Insurance Co. Ltd. – Appellant
Versus
Thiru R. Nagendran – Respondent


Advocates Appeared:
For the Appellant : Mr. J. Chandran.
For the Respondents: Mr. Ma. P. Thangavel, Dr. S. Padma.

JUDGMENT :

Aggrieved by the judgment and decree dated 04.04.2013, made in MCOP.No.67 of 2012, on the file of the Motor Accident Claims Tribunal, I Additional District and Sessions Judge, Tiruppur, in awarding a sum of Rs.7,97,735/- as against the claim of Rs.12,00,000/- for the injuries sustained by the claimant, the appellant-Insurance Company has filed the present appeal on the ground of liability and quantum.

2. Background of the facts in a nutshell are as follows:

On 02.08.2012, at about 8.30 hrs., while the claimant was walking on the road near his house from south to north of VOC Nagar, 1st street, Triupur, a vehicle bearing Registration No.TN-37-AP-0525 driven by the driver of the second respondent in a rash and negligent manner, dashed against the claimant and as a result, he sustained grievous injuries all over his body. Immediately after the accident, he was admitted in Ganga Medical Centre and Hospital, Coimbatore, from 02.08.2012 to 16.08.2012. He claimed a sum of Rs.12,00,000/- as compensation.

3. After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the second respo










































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