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2023 Supreme(Mad) 537

R. THARANI
Branch Manager United India Insurance Company Limited, Sankarankovil – Appellant
Versus
Sivasakthi – Respondent


Advocates appeared:
For the Appellant:C. Jawahar Ravindran, Advocate. For the Respondents: R1, S.A. Ganapathiraman, R3, V. Muthukamatchi, R2, Given up.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree, made in M.A.C.T.O.P.No.107 of 2017, dated 22.02.2019, on the file of the Motor Accidents Claims Tribunal cum Additional District Judge (Fast Track Court), Tenkasi.)

1. This Civil Miscellaneous Appeal has been filed against the award made in M.A.C.T.O.P.No.107 of 2017, dated 22.02.2019, on the file of the Motor Accidents Claims Tribunal cum Additional District Judge (Fast Track Court), Tenkasi. The appellant herein is the second respondent, the first respondent herein is the claimants and the respondents 2 & 3 herein are the respondents 1 and 3 in the original M.C.O.P. Petition.

2. A brief substance of the petition, in M.A.C.T.O.P.No.107 of 2017, is as follows:-

    On 01.06.2013, when the petitioner was travelling as a pillion rider in a motorcycle bearing Registration No.TN-76-J-1149 driven by his brother-Kumaresan along the Senkottai to Kutralam road, near Vivekananda Saw mill, keeping the left side of the road in a slow and cautious

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