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2022 Supreme(Mad) 1678

RMT. TEEKAA RAMAN
Penjamin Thomas – Appellant
Versus
Murugaiyan – Respondent


Advocates appeared:
For the Appellants:P. Ganapathi Subramanian, Advocate. For the Respondent:R2, R. Sureshkumar, R3, A.N. Ramanathan, R4, J.S. Murali, Advocates.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree, dated 25.03.2015 made in M.C.O.P.No.18 of 2011 on the file of Motor Accidents Claims Tribunal / Additional District Judge, Pudukkottai.)

1. C.M.A(MD)Nos.263 and 264 of 2016 were filed by the appellant/National Insurance Company, challenging the common award passed in M.C.O.P.Nos.18,19 and 20 of 2011 on the ground of quantum and contributory negligence.

2. C.M.A(MD)Nos.60, 61 and 62 of 2022 were filed by the respective claim petitioners seeking enhancement of compensation passed in the common judgment in M.C.O.P.Nos.18, 19 and 20 of 2022.

3. For the sake of convenience the parties are referred to as per their ranking before the trial Court.

4. By consent of both the parties, these appeals are heard together and disposed of by way of common judgment.

5. All these three claim petitions in M.C.O.P.Nos.18, 19 and 20 of 2011 came to be filed in connection with the accident taken place on 21.10.2010 wherein three persons have travelled in the Indigo car bearing Registration No.TN-55-A-D-0001 driven by the driver, namely, Vasanth and the other two persons namely,

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