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2021 Supreme(Mad) 876

ABDUL QUDDHOSE
Venkatachalam – Appellant
Versus
Sathiskumar – Respondent


Advocate Appeared:
For the Appellants :Lokesh, Ma.P. Thangavel, Advocates.
For the Respondent:R. Sreevidhya, Advocate.

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 06.09.2013 made in MCOP.No.421 of 2008 on the file of the Motor Accident Claims Tribunal (Sub Judge at Dharapuram).)

1. This Civil Miscellaneous Appeal has been filed by the claimants challenging the Award dated 06.09.2013 passed by the Motor Accident Claims Tribunal (Sub-Judge, Dharapuram), in MCOP.No.421 of 2008.

2. Heard Mr.Lokesh, learned counsel for the Appellants and Mrs.R.Sreevidhya, learned counsel for the second respondent. Since no adverse orders are going to be passed against the first respondent, notice to the first respondent is dispensed with by this Court.

3. The Appellants/claimants are aggrieved by the findings of the Tribunal holding that they are not entitled for compensation under section 166 of the Motor Vehicles Act, since the deceased was himself a tortfeasor and therefore, the Appellants/claimants are entitled only for a compensation of Rs.50,000/- under no fault liability prescribed under section 140(1) of the Motor Vehicles

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