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2019 Supreme(Mad) 1895

R.MAHADEVAN
K. Shanmugam – Appellant
Versus
V. Krishnamurthy, Proprietor, Aviation Express, Chennai – Respondent


Advocates Appeared:
For the Appellant :U.M. Ravichandran, Advocate.
For the Respondents:I. Malar, Advocate.

JUDGMENT :

(Prayer: Appeal filed under Section 173 of Motor Vehicles Act 1988, against the Judgment and Decree, dated 27.09.2004 made in M.C.O.P.No.201 of 2003 on the file of the Motor Accident Claims Tribunal, Fast Track Court No.IV, Additional District Court, Poonamallee.)

1. This Civil Miscellaneous Appeal has been preferred by the appellant / claimant as against the award passed by the Motor Accident Claims Tribunal, Additional District Court / Fast Track Court No.IV, Poonamallee, in MCOP No.201 of 2003.

2. According to the appellant / claimant, on 21.04.2003 when he was riding his M-80 Motorcycle, near DC Road, Meenambakkam, in GST Road, the Ambassidor Car belonging to the first respondent, which was driven by its driver, came at a high speed and hit the claimant and the pillion rider. Due to the said impact, the claimant fell down and sustained fracture on left ankle, besides receiving multiple injuries all over the body. Stating so, he has filed a claim petition before the Tribunal claiming a sum of Rs.2,00,000/- as total compensation.

3. The Tribunal, after elaborate trial, has held that the accident had occurred due to the rash and negligent act on the part of the driver of th

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