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2020 Supreme(Mad) 1244

V.BHARATHIDASAN
Reliance General Insurance Company Limited, Rai’s Tower, Chennai – Appellant
Versus
H. Mallika Bee – Respondent


Advocates Appeared:
For the Appellant :M.B. Raghavan, Advocate
For the Respondents:A.A. Venkatesan, Advocate.

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Order and Decree dated 25.01.2019, made in M.C.O.P.No.5470 of 2013, on the file of the Motor Accident Claims Tribunal, II Judge, Court of Small Causes, Chennai.)

1. Challenging the award passed by the Motor Accident Claims Tribunal, in M.C.O.P.No.5470 of 2013, dated 25.01.2019, the appellant/insurance company is before this Court with this appeal.

2. The brief facts leading to the filing of this appeal are as follows:

(i) It is a case of fatal accident. The deceased was a 13 years old school going boy by name H.Irfan. The respondents 1 and 2 / claimants are the parents of the deceased.

(ii) According to the respondents 1 & 2 / claimants, on 18.07.2013 at about 12.45 hours, the deceased H.Irfan was riding a bicycle along Dr.Ambedkar College Road, Vysarpadi, Chennai - 39. A lorry bearing registration No.TN-22-CF-6185 belonging to the third respondent, Chennai City Municipal Corporation, which was insured with the appellant/insurance company came in a rash and negligent

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