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2020 Supreme(Mad) 1431

V.BHARATHIDASAN
Divisional Manager, Reliance General Insurance Co. Ltd. , Chennai – Appellant
Versus
Govindaraji – Respondent


Advocates Appeared:
For the Appellant :S. Arunkumar, Advocate.
For the Respondents:S. Udayakumar, Advocate.

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Order and Decree dated 12.10.2018, made in M.C.O.P.No.397 of 2015, on the file of the Motor Accident Claims Tribunal, Special Subordinate Court, Tirupattur.)

1. Challenging the award passed by the Motor Accident Claims Tribunal, in M.C.O.P.No.397 of 2015, dated 12.10.2018, 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 12 years old school going boy by name Mukesh. The respondents 1 and 2/claimants are the parents of the deceased.

(ii) According to the respondents 1 & 2 / claimants, on 24.08.2015 at about 07.30 a.m. the deceased Mukesh was riding a bicycle in Kasinaikanpatti to Kunichi main road in Vellore district. At that time, a tractor and trailer owned by the third respondent herein came in the same direction in a rash and negligent manner and hit the bicycle from behind in which, the minor boy sustained serious injur

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