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2021 Supreme(Mad) 404

V.BHARATHIDASAN
Palamangalam Venugopal – Appellant
Versus
K. Mohan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :K. Suryanarayanan, Advocate.
For the Respondent:K. Vinod, Advocate.

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Order and Decree dated 10.10.2017, made in M.C.O.P.No.2685 of 2015, on the file of the Motor Accident Claims Tribunal, Chief Court of Small Causes, Chennai.)

1. The owner of the vehicle, against whom the liability to pay the compensation has been fixed, is before this Court with this appeal challenging the award passed by the Tribunal.

2. The respondents 1 and 2 in this appeal are the claimants before the Motor Accident Claims Tribunal, and the claim petition has been filed under Section 166 of the Motor Vehicles Act claiming compensation of Rs.10,00,000/- for the death of their eight year old son.

3. According to the claimants on 07.12.2014, the deceased Yuvaraj was walking along with his two classmates in Kotha Thimapuram village. At that time, a tractor bearing Registration No.AP-03-BF-6754, owned by the appellant and driven by his driver came on the way and the driver of the vehicle Kasi asked the children to get into the tractor for a ride. While the deceased tried to climb the tractor, the driver in a rash and negligent manner drove the tractor, in which, the claiman

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