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2023 Supreme(Mad) 1250

N. SATISH KUMAR
A. Devi – Appellant
Versus
S. Gayathri – Respondent


Advocates appeared:
For the Appellant:N. Sudhagar Nagaraj, Advocate. For the Respondent:R2, S. Royce Immanuel, R3, Krishnakumar, Advocate.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act against the judgment and decree made in M.C.O.P.No.95 of 2022, dated 1.8.2022, on the file of the Motor Accidents Claims Tribunal/The Special Sub-Judge, Tiruchirappalli seeking enhancement of compensation of Rs.1,00,000/-)

1. Challenging the order of the Motor Accidents Claims Tribunal in M.C.O.P.No.95 of 2022, the present Civil Miscellaneous Appeal is filed.

2. The appellant along with others were travelling in the Transport Corporation bus bearing Registration NO.TN63 N 1233 and proceeding from Pudukkottai to Trichy. At that time, the lorry bearing Registration No.TN30 S 9735 came from the opposite direction in a rash and negligent manner and dashed against the third respondent bus. As a result, the appellant sustained multiple grievous injuries and fractures in the right hand and all others have also sustained various injuries. Therefore claim petitions have been preferred by them.

3. The second respondent insurer of the lorry denied the rash and negligence on the part of the driver and took a stand that the third respondent Corporation driver came in the middle of the road which resulted

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