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2022 Supreme(Mad) 3975

J. NISHA BANU
National Insurance Company Ltd. – Appellant
Versus
Lavanya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : D. Bhaskaran.

JUDGMENT :

J. NISHA BANU, J.

PRAYER: This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 21.11.2013 made in M.A.C.T.O.P. No. 1383 of 2013 on the file of the Motor Accident Claims Tribunal, (Special Subordinate Judge) Tirupattur.

1. This Civil Miscellaneous Appeal has been filed by the Insurance Company, challenging the quantum of compensation and the liability fixed on the appellant/Insurance Company vide award dated 21.11.2013 made in M.A.C.T.O.P. No. 1383 of 2013 on the file of the Motor Accident Claims Tribunal, (Special Subordinate Judge) Tirupattur.

2. The claimants/respondents No. 2 to 4 filed a claim petition in M.A.C.T.O.P. No. 1383 of 2013 on the file of the Motor Accident Claims Tribunal, (Special Subordinate Judge) Tirupattur, claiming a sum of Rs.10,00,000/- towards compensation for the death of one Elayaraja who died in the road accident which took place on 18.07.2010.

3. The factual matrix of the case is as follows:

    The deceased Elayaraja was aged about 27 years old and was earning a sum of Rs.10,000/- as auto driver at the time of accident. The 1st respondent herein is the wife, the 2nd and 3rd respondents

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