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2013 Supreme(Mad) 4239

R.MALA
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
SELVAMANI – Respondent


Advocates Appeared:
For the Appellant :C. Rarnesh Babu, Advocate.
For the Respondent:K.G. Senthil Kumar, Advocate.

JUDGMENT :

R. Mala, J.

The civil miscellaneous appeals arise out of fair and decretal order dated 3.12.2007 made in M.C.O.P. Nos.137 and 138 of 2003 on the file of the Motor Accidents Claims Tribunal (Sub-Court), Cheyyar.

2. The factual matrix of the case is as follows: Selvamani and Annamalai are the petitioners in M.C.O.P. Nos. 137 and 138 of 2003. On 7.9.2002, at about 7.30 p.m..B while Selvamani was riding Hero Honda bearing registration No. TN 25-X 6561, which was belonging to respondent No.11 and insured with respondent No.2, along with Annamalai as pillion rider on Cheyyar-Vandavasi Road, at that time, one boy who was riding cycle suddenly crossed the road, due to which the two-wheeler dashed against the cyclist and the petitioners fell down and sustained injuries. The case has been registered in Crime No. 794 of 2002 under sections 279 and 337, Indian Penal Code, on the file of Cheyyar Police Station.

3. At the time of accident, Selvamani, petitioner in M.C.O.P. No. 137 of 2003, was aged about 20 years and he was a rice and paddy merchant and thereby earning a sum of Rs. 8,000 per month. Since he has sustained grievous injuries, which led to permanent disability, he claimed a c











































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