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2018 Supreme(Mad) 1118

A.M.BASHEER AHAMED
Manager, The Oriental Insurance Company Ltd. , Palakadu – Appellant
Versus
Arumugam – Respondent


Advocates Appeared:
For the Appellant : C. Jawahar Ravindran
For the Respondents: D. Venkatesh

JUDGMENT :

1. This Civil Miscellaneous Appeal has been preferred against the Judgment and Decree passed in M.C.O.P. No. 64 of 2007, dated 29.03.2011, on the file of the Motor Accident Claims Tribunal cum Sub Court, Palani.

2. The short facts, which leading to filing the present appeal, are as follows: The 1st respondent herein is the claimant; the 2nd respondent is the owner of the vehicle and the appellant herein is the 2nd respondent before the Tribunal. On 09.11.2006, at about 08.15 p.m., near Mollumpatty Pirivu on the Dharapuram - Palani main Road, when the alleged injured was travelling as pillion rider along with one Palanichamy, who riding the motorcycle viz., TVS50, towards south, the Tata ACE vehicle, bearing Registration No. TN-57-U-3570 coming from south to north, driven by its driver in a rash and negligent manner hit against the motor cycle and due to which the injure sustained grievous injuries.

3. The appellant herein is the insurer of the vehicle viz, Tata ACE, bearing Registration No. TN-57-U-3570, owned by the 2nd respondent herein. The claimant has filed a claim petition, claiming a sum of Rs.7,50,000/-, as compensation, in M.C.O.P. No. 64 of 2007, dated 29.03.2011,

























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