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2023 Supreme(Mad) 1724

D. KRISHNAKUMAR, K. GOVINDARAJAN THILAKAVADI
Divisional Manager, Oriental Insurance Company Ltd. , Chennai – Appellant
Versus
Ramani – Respondent


Advocates appeared:
For the Appellant:R. Sivakumar, Advocate. For the Respondents:RR1 to R3, C. Richard Suresh Kumar, Advocate.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act,1988, appeal against the award and decree dated 27.04.2019 made in M.C.O.P.No. 87 of 2016 on the file of the Motor Accidents Claims Tribunal,(Additional District Court (FTC), Kanchipuram.)

K. Govindarajan Thilakavadi, J.

1. The Insurance Company has filed this Civil Miscellaneous Appeal, aggreived over the award, dated 27.04.2019 made in M.C.O.P.No.87 of 2016 on the file of the Motor Accident Claims Tribunal, (Additional District Court F.T.C.), Kanchipuram. Awarding a compensation of Rs.64,65,376/- as against the claim of Rs.4,00,00,000/-.

2. It is the case of the claimants that on 30.08.2015 at about 4.30 a.m the deceased was riding his motor cycle bearing Reg.No.TN-20-AB-2516 on the extreme left side of Chennai to Tirupathi bye-pass road near Durga Rice Mill following the traffic rules. At that time, Maruti Omni Van bearing Reg. No.TN-09- BW-8985 came in a rash and negligent manner and dashed behind the motor cycle. Due to this, the deceased sustained fatal injuries and died on the spot. It is the further case of the claimants that the accident was not due to the negligence of the decea

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