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2022 Supreme(Mad) 2746

V. M. VELUMANI, S. SOUNTHAR
Divisional Manager, Oriental Insurance Co. Ltd. , Vellore – Appellant
Versus
M. Sanja Prabhakaran – Respondent


Advocates appeared:
For the Appellant:D. Bhaskaran, Advocate. For the Respondents:R1, V. Parivallal, Advocate, R2, No Appearance.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 16.12.2021, made in M.C.O.P. No.121 of 2019, on the file of the Special Sub Court (Motor Accident Claims Tribunal), Tirupattur.)

V.M. Velumani, J.

1. This Civil Miscellaneous Appeal has been filed by the appellant- Insurance Company against the judgment and decree dated 16.12.2021, made in M.C.O.P. No.121 of 2019, on the file of the Special Sub Court (Motor Accident Claims Tribunal), Tirupattur.

2. The appellant is the 2nd respondent in M.C.O.P. No.121 of 2019, on the file of the Special Sub Court (Motor Accident Claims Tribunal), Tirupattur. The 1st respondent/claimant filed the said claim petition, claiming a sum of Rs.75,00,000/- as compensation for the injuries sustained by him in the accident that took place on 17.01.2019.

3. According to the 1st respondent, on the date of accident, at about 8.40 a.m, when he was riding a Motorcycle bearing Registration No.TN-23- BM-4222 from Chennai to Pondicherry slowly and cautiously observing all the traffic rules of the road, with sounding horn, keeping to the extreme left side of the road, near ECR, o

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