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2021 Supreme(Mad) 1560

R.THARANI
Minor. Valarmathi, Rep. by her next friend & natural guardian her father Chinnadurai – Appellant
Versus
P. Venkatesan – Respondent


Advocates Appeared:
For the Appellant :G. Aravinthan, Advocate.
For the Respondents:C. Jawahar Ravindran, C. Ramachandran, Advocates.

JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the decree and judgment dated 31.10.2013 passed in M.C.O.P.No.1 of 2013 on the file of the Motor Accidents Claims Tribunal/(Chief Judicial Magistrate), Tuticorin.)

1. This Civil Miscellaneous Appeal has been filed against the award passed in M.C.O.P.No.1 of 2013 dated 31.10.2013, on the file of the Motor Accidents Claims Tribunal/(Chief Judicial Magistrate), Thoothukudi.

2. The appellant herein is the petitioner and the respondents herein are the respondents in the claim petition. The appellant herein has filed a claim petition in M.C.O.P.No.1 of 2013, claiming compensation for the injuries sustained by the claimant, in an accident that took place on 31.07.2012. The Tribunal has awarded a sum of Rs.1,19,600/- (Rupees One Lakh Nineteen Thousand and Six Hundred only) as compensation. Against which, the appellant has preferred this appeal.

3. A brief substance of the claim petition in M.C.O.P.No.1 of 2013 is as follows:

    On 31.07.2012, at about 04.30 p.m., when the minor claimant was walking along the left side of the road in a slow speed, a car bearing registration no.TN

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