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2021 Supreme(Mad) 3356

S.VAIDYANATHAN, G.JAYACHANDRAN
Branch Manager, The Oriental Insurance Company Limited, District – Appellant
Versus
D. Varatharajan – Respondent


Advocate Appeared
C. Karthick, K. Sethu Ramanujam, S. Srinivasa Raghavan, Advocates

JUDGMENT :-

DR. G. JAYACHANDRAN, J.

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and decree, dated 19.02.2016, passed in M.C.O.P.No.171 of 2000, on the file of the Motor Accident Claims Tribunal-cum-Sub Judge, Sivakasi.

Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and decree, dated 19.02.2016, passed in M.C.O.P.No.171 of 2000, on the file of the Motor Accident Claims Tribunal-cum-Sub Judge, Sivakasi.)

1. These Civil Miscellaneous Appeals are directed against the award passed by the Motor Accident Claims Tribunal, Sivakasi, in M.C.O.P.No.171 of 2000, dated 19.02.2016.

2. The Insurance Company has preferred C.M.A.(MD)No.653 of 2020 challenging the quantum of compensation. Whereas, the owner of the offending vehicle has preferred C.M.A.(MD)No.654 of 2020, challenging the liability fastened on him following the principle of pay and recovery.

3. The brief facts leading to the award under challenge are as below:-

    (i) On 23.02.2000 at 18.30 hours, D.Varatharajan, the claimant, driver by profession, while returning home after his duty hours, in the bus bearin

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