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2023 Supreme(Mad) 1907

R. KALAIMATHI
United India Insurance Co. Ltd. , – Appellant
Versus
C. Kamesh (Minor), Rep. By his Mother& NF Ilakkiya. – Respondent


Advocates appeared:
For the Appellant:D. Bhaskaran, Advocate. For the Respondent:R1, A.A. Venkatesan, Advocate. R2, No appearance.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 06.03.2015 made in M.C.O.P.No.5970 of 2012 on the file of the Motor Accidents Claims Tribunal, IV Court of Small Causes, Chennai.)

1. This Civil Miscellaneous Appeal has been filed against the award dated 06.03.2015 made in M.C.O.P.No.5970 of 2012 on the file of the Motor Accidents Claims Tribunal, IV Court of Small Causes, Chennai.

2. The appellant herein is the 2nd respondent in M.C.O.P.No.5970 of 2012 on the file of the Motor Accidents Claims Tribunal, IV Court of Small Causes, Chennai. The 1st respondent herein filed the said claim petition, claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by him in the accident that took place on 24.01.2012.

3. The Tribunal, after considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the rider-cum-owner of the motorcycle, the 2nd respondent herein and directed the appellant-Insurance Company to pay a

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