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2023 Supreme(Mad) 510

R. THARANI
Oriental Insurance Company Limited, Rep. By its Divisional Manager, Theni District – Appellant
Versus
P. Kamaraj – Respondent


Advocates appeared:
For the Appellant:C. Karthik, Advocate. For the Respondents: R1 to R3, T. Pon Ramkumar, R5, P. Santhosh Kumar, R7, P. Malini, R4 to R6, No Appearance.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the decree and judgment dated 12.11.2019 in M.C.O.P.No.232 of 2013 on the file of the Motor Accident Claims Tribunal cum Additional District Judge, Srivilliputhur.)

1. This Civil Miscellaneous Appeal has been filed against the award passed in M.C.O.P.No.232 of 2013 dated 12.11.2019, on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Srivilliputhur.

2. The appellant herein is the 3rd respondent, the respondents 1 to 3 herein are the petitioners, the respondents 4 and 5 herein are the respondents 1 and 2 and the respondents 6 and 7 herein are the respondents 4 and 5 in the claim petition. The appellants herein have filed a claim petition in M.C.O.P.No.232 of 2013, claiming compensation for the death of one Periyandavar, in an accident that took place on 04.09.2013. The Tribunal has awarded a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) as compensation. Against which, the appellant has preferred this appeal.

3. Brief substance of the claim petition in M.C.O.P.No.232 of 2013 is as follows:

    On 04.09.2013, when the deceased Periyand

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