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2021 Supreme(Mad) 1110

R.SUBBIAH, S.KANNAMMAL
Reliance General Insurance Company Limited – Appellant
Versus
R. Sathish Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S. Arunkumar
For the Respondent: Mrs. R. Poornima

JUDGMENT :

S. Kannammal, J.

This Civil Miscellaneous Appeal is filed by the appellant/Insurance Company against the award and decree dated 23.04.2019 passed in M.C.O.P. No. 51 of 2018 on the file of the Motor Accident Claims Tribunal, Court of the Special Sub Judge (MACT), Krishnagiri, (for short, 'the Tribunal').

2. The appellant is the 2nd respondent in M.C.O.P. No. 51 of 2018 before the Tribunal. The 1st respondent herein filed the said claim petition, claiming a sum of Rs.45,00,000/- as compensation for the injuries sustained by him in the accident that took place on 17.11.2017. The second respondent is the owner of the lorry, who remained ex-parte before the Tribunal.

3. As per the claim petition, on 07.11.2017, at about 12.15 pm the claimant was walking on the road, towards the toll plaza where he was employed. At that time, the driver of the lorry bearing Registration No. KA 02 AF 9586 belonged to the second respondent in this appeal and insured with the appellant, was driven by its driver in a rash and negligent manner and hit the claimant from behind. In the impact, the cl

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