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2023 Supreme(Mad) 2259

R. KALAIMATHI
Seethalakshmi – Appellant
Versus
R. Ganesan – Respondent


Advocates appeared:
For the Appellant:K. Varadha Kamaraj, Advocate. For the Respondent:R2, G. Anandan, Advocate. R1, No Appearance.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to enhance the amount awarded in M.C.O.P.No.6738 of 2015 dated 05.04.2018 on the file of the Motor Accident Claims Tribunal (Chief Judge, Small Causes Court), Chennai.)

1. This Civil Miscellaneous Appeal has been preferred by the appellants herein against the Judgment and decree passed in M.C.O.P.No.6738 of 2015 dated 05.04.2018 on the file of the Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes) Chennai, questioning the liability.

2. The claim petition was filed under Section 166 of Motor Vehicle Act for the death of one Selvaraj who died in a motor accident that occurred on 18.06.2015.

3. The Tribunal, after hearing the arguments on both sides and upon considering the oral and documentary evidence, calculated the total award amount as Rs.18,84,400/- by fixing 50% negligence on the part of the driver of the 1st respondent''s lorry and 50% liability on the part of the deceased and granted a sum of Rs.9,42,200/- to the appellants /claimants, with interest at 7.5% per annum from the date of numbering of the petition i.e. 26.08.2015 till the date of realisation.

4. The learn

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