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2015 Supreme(Mad) 3724

P.R.SHIVAKUAMR
United India Insurance Company Limited – Appellant
Versus
P. Dhandapani – Respondent


Advocates Appeared:
For the Appellant : Mr. J. Chandran
For the Respondent: Mr. R. Nalliyappan, Mr. I.C. Vasudevan

JUDGMENT :

Shivakumar, J.

United India Insurance Co. Ltd, which figured as the third respondent in MCOP No. 6/2010 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Erode has preferred this Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award of the Tribunal dated 03.06.2010 made in the said MCOP.

2. The first respondent Dhandapani (injured) preferred a claim under Section 166 of the Motor Vehicles Act, 1988 for a sum of Rs.15,00,000/- as compensation for the injuries sustained by him in a road accident that took place at 8.45 p.m on 08.07.2006, against the respondents 2 to 3 herein and the appellant herein, on the premise that they were respectively the driver, owner and insurer of the offending vehicle, namely a TVS Victor motorcycle bearing Regn. No. TN-33 AC-4468. Initially the first respondent (claimant) made a claim for Rs.7,00,000/- as compensation. Subsequently, the petition was amended and the claim was enhanced to Rs.15,00,000/-. The claim was made on the basis of his contention that the accident took















































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