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2021 Supreme(Mad) 2739

R.THARANI
United India Insurance Co. Ltd. , through its Branch Manager, Dindigul – Appellant
Versus
M. Muthuraj – Respondent


Advocates Appeared:
For the Appellant :C. Jawahar Ravindran, Advocate.
For the Respondent:A. Saravanan, R4, S. Murali, Advocates.

JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree dated 18.03.2013 in M.C.O.P.No.274 of 2012 on the file of the Motor Accidents Claims Tribunal (Special Subordinate Judge), Dindigul.)

1. This Civil Miscellaneous Appeal has been filed against the award passed in M.C.O.P.No.274 of 2012 dated 18.03.2013, on the file of the Motor Accident Claims Tribunal (Special Subordinate Judge), Dindigul.

2. The appellant herein is the second respondent, the first respondent herein is the petitioner and the respondents 2 to 4 herein are the respondents 1, 2 and 4 in the claim petition. The first respondent has filed a claim petition in M.C.O.P.No.274 of 2012, claiming compensation for the injuries sustained by the claimant, in an accident that took place on 05.07.2009. The Tribunal has awarded a sum of Rs.1,09,300/- (Rupees One Lakhs Nine Thousand and Three Hundred only) as compensation. Against which, the appellant has preferred this appeal.

3. Brief substance of the claim petition in M.C.O.P.No.274 of 2012 is as follows:

    On 05.07.2009, at about 01.00 p.m., the petitioner was travelling in a car bearing regis

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