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2022 Supreme(Mad) 3256

P. T. ASHA
New India Assurance Co. Ltd. , Villupuram – Appellant
Versus
Sarasu – Respondent


Advocates appeared:
For the Appellant:J. Chandran, Advocate. For the Respondents:R1 to R4, V. Sivasundaram, Advocate.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the Judgment and Decree dated 28.02.2013 in M.C.O.P.No.138 of 2008 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) at Villupuram.)

1. Challenging the award being granted to a tort-feasor the Insurance Company has filed the above appeal in M.C.O.P.No.138 of 2008 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) at Villupuram.

2. The facts in brief is herein below narrated and the parties are referred to the same ranking as before the Tribunal:

The petitioners who are the legal representatives of one Ramesh who died in a road accident on 22.12.2006 had filed the above claim petition seeking compensation of a sum of Rs.15,00,000/-. The deceased Ramesh was an Auto driver aged about 30 years, he was earning a monthly income of Rs.10,000/-. It is their case that on 22.12.2006, the deceased was travelling in a two wheeler bearing Registration No.TN.32.C.6342 for the personal work of the 1st respondent, while so a bullock cart suddenly crossed the road forcing the deceased to apply sudden brake and on account of applying su

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