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2018 Supreme(Mad) 1012

J.NISHA BANU
T. Balasundaram – Appellant
Versus
Senthil Vel @ Senthil Vel Kumar @ Dhas – Respondent


Advocates Appeared:
For the Appellant :A. Elis Chitra Devi, Advocate.
For the Respondent:N. Murugesan, Advocate.

JUDGMENT :

1. As the issue involved in all these appeals is one and the same, they are disposed of by way of this common judgment.

2. For the sake of convenience, the appellants in all the three appeals are being referred to by their names.

3. Assailing over the common judgment passed by the Motor Accident Claims Tribunal, (II Additional Sub Court), Nagercoil, Kanyakumari District, in M.C.O.P.Nos.43 to 45 of 2008, respectively, dated 17.12.2009, the present civil miscellaneous appeals have been filed.

4. Heard both sides and perused the records carefully.

5. It is a case of injury. On 27.08.2007, when the appellant in C.M.A.(MD)No.528 of 2012, namely, Balasundaram, rode his motorcycle, with his wife, namely, S.Malar/appellant in C.M.A.(MD)No.529 of 2012 and their minor daughter, namely, B.Bala Sineka/appellant in C.M.A.(MD)No.530 of 2012, as pillion riders, a tractor along with trailer, driven by the first respondent; owned by the second respondent; and insured with the third respondent dashed at the motorcycle. In consequence of the accident, the rider and the pillion riders fell down and got injured. All the appellants herein have individually filed claim petitions before the tribunal
































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