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2021 Supreme(Mad) 360

ABDUL QUDDHOSE
United India Insurance Co. Ltd. , Coimbatore – Appellant
Versus
Roghul Manokar – Respondent


Advocates Appeared:
For the Appellant :I. Malar, Advocate.
For the Respondents:M. Lokesh, Ma.P. Thangavel, Advocates.

JUDGMENT :

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Order and decree dated 08.01.2015 made in MCOP.No.1686 of 2013 on the file of the MACT (Spl. Sub-Judge) at Coimbatore.

1. This Civil Miscellaneous Appeal has been filed by the Insurance Company challenging the Award dated 08.01.2015 passed by the Motor Accident Claims Tribunal (Spl. Sub-Judge), Coimbatore in MCOP.No.1686 of 2013.

2. The Appellant Insurance Company has challenged the impugned award on the following grounds that (a) the quantum of compensation awarded by the Tribunal is excessive (b) the claims Tribunal ought to have considered the contributory negligence on the part of the claimant who was the rider of two wheeler bearing registration no.TN38 AM 5429 and (c) the rider of the two wheeler (insured vehicle) was not possessing a valid driving license at the time of the accident.

3. Heard Mr.Ms.I.Malar, learned counsel for the Appellant and Mr.M.Lokesh representing Mr.Ma.P.Thangavel, learned counsel for the first respondent. Notice sent to the second and thi

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