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2021 Supreme(Mad) 80

K.MURALI SHANKAR
National Insurance Company Limited, Branch I, Trichy – Appellant
Versus
Maruthai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :J.S. Murali, Advocate.
For the Respondents:N. Sudhagar Nagaraj, Advocate

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree in M.C.O.P.No.1469 of 2004, dated 26.06.2011 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Tiruchirappalli.)

1. The Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicle Act, 1988, challenging the award, dated 26.06.2011, made in M.C.O.P.No.1469 of 2004, on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court), Tiruchirappalli.

2. The Appellant/Insurer, who was made liable to pay compensation of Rs.4,11,000/- to the claimants for the death of Saravanan, who died in an accident occurred on 04.02.2004, challenged the liability mulcted on it and the quantum of compensation arrived at by the tribunal. Admittedly, the first claimant is the father, the second claimant is the mother, the third claimant is the brother and the fourth claimant is the sister of the deceased Saravanan and that they have laid the above claim petition claiming compensation of Rs.5,00,000/- with interest.

3. The case of the claimants is that on 04.02.2004, at about 07.30 am, when the deceased was

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