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2023 Supreme(Mad) 1304

P. B. BALAJI
Prema – Appellant
Versus
Dinesh – Respondent


Advocates appeared:
For the Appellants:K. Kuppusamy, Advocate. For the Respondents: R2, M. Krishnamoorthy, R1, Exparte.

JUDGMENT

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the judgment and decree dated 19.08.2015 made in M.C.O.P.No.460 of 2014 on the file of the Motor Accident Claims Tribunal, Special District Judge, Salem.)

1. This Civil Miscellaneous Appeal has been preferred by the claimants in M.C.O.P.No.460 of 2014 on the file of Motor Accidents Claims Tribunal, Special District Judge, Salem, challenging the judgment and decree dated 19.08.2015.

2. The appellants as claimants/wife,children and mother of the deceased one Mr.Kanagaraj S/o Ramsamy Naidu, came forward with a claim for compensation to the tune of Rs.50,00,000/- for the death of said Kanagaraj in a road accident. The claimants alleged that the 1st respondent''s motorcycle was driven in a rash and negligent manner and consequently it hit the deceased''s moped causing fatal injuries resulting in the said Kanagaraj dying on the spot. It is the case of the claimants that Kanagaraj was 49 years of age at the time of his demise, earning Rs.25,000/- per month and that the claimants being dependants are entitled to just and fair compensation.

3. The insurance company/2nd respondent filed a counter denyi

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