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2023 Supreme(Mad) 2398

SUNDER MOHAN
Britto – Appellant
Versus
Nirmala – Respondent


Advocates appeared:
For the Appellants:K. Varadha Kamaraj, Advocate. For the Respondents:R1, E. Chandru, R2, K. Vinodh, Advocates.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988 against the decree and judgment dated 15.10.2020 made in M.C.O.P.No.518 of 2014 on the file of Motor Accident Claims Tribunal, (II Additional District and Sessions Judge), Tiruvallur, Poonamallee.)

1. This Civil Miscellaneous Appeal has been filed by the parents of the deceased, who are the claimants, challenging the order dated 15.10.2020 made in M.C.O.P.No.518 of 2014 on the file of Motor Accident Claims Tribunal, (II Additional District and Sessions Judge), Tiruvallur, Poonamallee.

2. It is the case of the claimants that the 1st respondent, driver of the car bearing Registration No.TN10 AL 0183 came in a rash and negligent manner and hit the deceased, who was crossing the 100 ft. road. As a result of which the deceased sustained head injuries and succumbed to the said injuries.

3. The 2nd respondent herein had filed a counter stating that the deceased had crossed the road in a negligent manner and the driver of the vehicle was not liable for negligence. The 2nd responde



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