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2014 Supreme(Mad) 4589

S.MANIKUMAR
IFFCO-TOKIO General Insurance Company Ltd. – Appellant
Versus
M. Balasubramaniam – Respondent


Advocates Appeared:
For the Appellant : C.R. Krishnamoorthy
For the Respondent: Ma. P. Thangavel

JUDGMENT :

S. Manikumar, J.

Iffco-Tokio General Insurance Company, Salem, has filed this appeal, challenging the finding, fixing negligence on the rider of the Bajaj Pulsar Motorcycle, bearing Registration No. TN 28 AJ 4385, consequential liability and the quantum of compensation of Rs. 9,50,300/-, with interest, at the rate of 7.5% per annum.

2. According to the respondent/claimant, that on 08.06.2011, about 9.30 P.M., when he was riding a TVS 50 XL Motorcycle, bearing Registration No. TAG 1239, towards Nallipalayam from Mullampatty, on the left side of the road, near Jehan Daba Hotel, at Muthalaipatty Pudur road, on Namakkal-Salem Main Road, a Bajaj Pulsar Motorcycle, bearing Registration No. TN 28 AJ 4385, owned by the 2nd respondent and insured with the appellant-Insurance Company, driven by its rider, in a rash and negligent manner, dashed against the TVS 50 XL Motorcycle, due to which, he was thrown away from the said vehicle, and sustained compound fractures, in both the legs and multiple injuries, in other parts of the body. Immediately, he was taken to Aravind Hospital, N














































































































































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