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2020 Supreme(Mad) 2058

G. JAYACHANDRAN
Manager, Bajaj Allianz General Insurance Co. Ltd. , Nungambakkam – Appellant
Versus
K. Selvam – Respondent


Advocates Appeared:
For the Appearing Parties :S. Arunkumar, A. Ponnuswamy, R. Sreevidhya, Advocates

JUDGMENT :

(Common Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, praying against the award and decree dated 12.12.2014 made in M.C.O.P.No.51 of 2010 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Tiruttani.)

Common Judgment:

(The case has been heard through video conference)

1. These two appeals are directed against the award of the Motor Accident Claims Tribunal, Tiruthani dated 12/12/2014 passed in MCOP.No.51 of 2010.

2. On 25/11/2007 at about 11.30 am, at Rengiunta – Cuddappa road railway over bridge ‘Y’ junction, a Eicher mini lorry dashed against the goods delivery auto. The driver of the auto died. The claimant travelling along with the driver sustained injuries.

3. Claim petition filed by the injured for compensation of Rs.4,00,000/- alleging that he was travelling in the goods auto as salesman. He was earning Rs.4,000/- per month in Venkateswara Milk Dairy at Kalahasthi. The accident occurred due to the negligence of the auto driver and the mini lorry driver. Hence, the respondents before the Tribunal are jointly and severely liable to compensate him the loss.

4. In the claim petition, the owner of the auto a

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