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2013 Supreme(Mad) 4244

C.T.SELVAM
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
C. RAMESH BABU – Respondent


Advocates Appeared:
For the Appellant :Krishnamoorthy, Advocate.
For the Respondent:K. Suryanarayanan for V. Venkatesan, Advocates.

JUDGMENT :

C.T. Selvam, J.

1. These civil miscellaneous appeals arise against the judgment and decree passed by the Motor Accidents Claims Tribunal, Second Judge, Court of Small Causes, Chennai in M.A.C.T.O.P. No. 98 of 2006 on 16.8.2011.

2. The appellant in C.M.A. No. 736 of 2012 (hereinafter referred to as 'the insurer') is the insurer of the offending vehicle, while the appellant in C.M.A. No. 859 of 2012 (hereinafter referred to as 'the claimant') is the claimant.

3. At about 0800 hours on 12.12.2003, when the claimant tried to cross the road at Dr. Radhakrishnan Salai, Chennai, an autorickshaw bearing registration No. TN 09-J 8643 hit the claimant due to which he sustained grievous injuries. The claimant sought compensation of Rs. 10,00,000.

4. Before the Tribunal, the appellant-claimant examined two witnesses and 22 exhibits were marked. Respondent insurance company examined one witness and marked Exhs. R1 and R2.

5. The claimant suffered a comminuted fracture of lateral condyle of right tibia resulting in removal of a piece of bone leaving a dent in the tibial condyle articula





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