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2021 Supreme(Mad) 2022

R.THARANI
Shanmuganathan (Died) – Appellant
Versus
K. Velu – Respondent


Advocates:
Advocate Appeared:
For the Appellant :M. Jothi Basu, Advocate
For the Respondent:D. Siva Raman, Advocate

JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the fair and decreetal order passed by the Motor Vehicle Accident Claims Tribunal, Subordinate Judge, Sankarankovil in M.C.O.P.No.88 of 2002 dated 26.02.2007.)

1. This Civil Miscellaneous Appeal has been filed against the award passed in M.C.O.P.No.88 of 2002 dated 26.02.2007, on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Sankarankovil.

2. The first appellant herein is the claimant and the respondents herein are the respondents in the claim petition. The first appellant herein died and the second appellant herein is the legal heir of the first appellant herein. The first appellant herein has filed a claim petition in M.C.O.P.No.88 of 2002, claiming compensation for the injuries sustained by him, in an accident that took place on 27.07.2002. The Tribunal has awarded a sum of Rs.78,800/- (Rupees Seventy Eight Thousand and Eight 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.88 of 2002 is as follows:

    On 27.07.2002, at about 12 noon, while the petitione

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