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2022 Supreme(Mad) 1336

S. KANNAMMAL
Irfan – Appellant
Versus
K. S. Kumaran – Respondent


Advocates appeared:
For the Appellants:A.N. Viswanatha Rao, Advocate. For the Respondents:R2, J. Chandran, Advocate, R1, No appearance.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree, dated 24.03.2017 made in M.C.O.P.No.77 of 2013 on the file of the Motor Accident Claims Tribunal, IV Judge, Small Causes Court, Chennai.)

1. The Civil Miscellaneous Appeal is filed by the claimant, who was a minor by then, aggrieved by the Order dated 24.03.2017 passed in MCOP NO.77 of 2013 on the file of the IV Small Causes Court, Chennai.

2. According to the appellant/claimant, on 25.09.2010 at about 15.50 hours, when he was riding a Motor Cycle bearing Reg No.TN 10 L 5513 at Dr Natesan Road, near 24 Hours Hospital, Chennai, an Auto Rickshaw bearing Reg No.TN 06 C 0429 was driven by its driver in a rash and negligent manner and hit the two wheeler driven by him. In the impact, the appellant sustained the following grievous injuries:

i. Fracture on the head of 4th toe

ii. Grade-I Fracture Right Forearm

iii. Fracture of Lateral Epicondyle in humorous

iv. Laceration of Liver

v. Multiple injuries all over the body

3. The claimant was admitted as in-patient in Government General Hospital, Chennai on 25.09.2010 and discharged on 29.09.2010. Admittedly, t

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