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2022 Supreme(Mad) 2098

J. NISHA BANU
R. Logeshkumar – Appellant
Versus
P. Balasubramaniam – Respondent


Advocates appeared:
For the Appellant:F. Terry Chellaraja, M/s. M. Malar, Advocates. For the Respondents:R1, E.K. Kumaresan, R2, M/s. R. Sreevidhya, Advocates.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act 1988, to enhance the award dated 16.07.2014 made in M.A.C.T.O.P.No.2672 of 2013 on the file of the Motor Accidents Claims Tribunal, (in the Court of III Small Causes) Chennai.)

1. This appeal has been filed by the appellant/injured claimant for enhancement of compensation. The Tribunal awarded compensation for a sum of Rs.3,98,017/- together with interest at the rate of 7.5% from the date of the claim petition till the date of deposit.

2. The averments in the claim petition is that on 26.01.2012 at about 6.20 hours while the claimant was riding a two wheeler bearing Reg.No.TN-22- AU-0784 from Selaiyur to Medavakkam from west to east direction, proceeding towards Kamarajapuram junction, at that time, a Jeep bearing Reg.No.TN-22- BL-7032 came in a rash and negligent manner from Medavakkam without giving any horn and dashed against the claimant's motorcycle, thereby, he sustained grievous injuries. The said Jeep was owned by the first respondent and insured with the second respondent-Insurance Company. The claimant filed a claim petition, claiming a sum of Rs.15,00,000/- as compensation in M.C.

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