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2021 Supreme(Mad) 1624

S.KANNAMMAL
Thangaiyan – Appellant
Versus
Nagarajan – Respondent


Advocates:
Advocate Appeared:
For the Appellants :S. Sounthar, Advocate
For the Respondent:C. Ramesh Babu, Advocate

JUDGMENT :

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the fair and decreetal order dated 02.04.2014 passed in MCOP No. 257 of 2013 on the file of the Motor Accidents Claims Tribunal (District Court) Nagapattinam.)

1. The claimants in MCOP No. 257 of 2013 before the Motor Accidents Claims Tribunal (District Court) Nagapattinam are the appellants in this appeal. They have filed the aforesaid MCOP No. 257 of 2013 claiming a sum of Rs.15 lakhs as compensation for the death of the deceased Rajasekar in an accident, while driving the two wheeler. The Tribunal, after examination of the oral and documentary evidence refused to award any compensation and dismissed the claim petition. Aggrieved by the same, the present appeal is filed.

2. As per the claim petition, on 21.04.2012, the deceased Rajasekar was driving the Yamaha motor cycle bearing Registration No. TN 51 C 3199 at Vidhiyur, Ganapathipuram Main Road. When he was reaching a place called Seshamoolai, near Gundumani Chathiram, one Sakthivel was riding his bicycle along with one Nagaiyan as his pillion rider and the cyclist suddenly crossed the road, with the result, the two wheeler driven by the dec

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