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2025 Supreme(Mad) 2617

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. Justice J.Nisha Banu, Mr. Justice R.Sakthivel, JJ
Manager, Shriram General Insurance Company Ltd. – Appellant
Versus
A. Thangaraj – Respondent


Advocates Appeared:
For the Appellant : Ms. R. Sree Vidhya, Mr. K. Balaji.
For the Respondents: Mr. K. Balaji, Mrs. R. Sree Vidhya.

JUDGMENT :

R. SAKTHIVEL, J.

Feeling aggrieved by the Award dated September 25, 2023 passed by the 'Motor Accidents Claims Tribunal / II Judge, Court of Small Causes, Chennai' ('Tribunal' for short) in M.C.O.P.No.2657 of 2019, the second respondent therein / Insurance company has preferred CMA.No.1612 of 2024 praying to set aside the same, while the petitioner / claimant therein has preferred Cross Objection No.48 of 2024 praying to enhance the compensation. This Common Judgment will now decide both, the Civil Miscellaneous Appeal and the Cross Objection.

2. For the sake of convenience, the parties herein will be referred to as per their rank in the Motor Accident Claims Original Petition.

3. To be noted, petitioner / claimant is represented by his wife and next friend -T.Sindhuja, since he suffers from right Hemiplegia.

CASE OF THE PETITIONER

4. On January 15, 2019, at about 23.00 hours, the petitioner / A.Thangaraj was riding his two-wheeler bearing Registration No.TN-16-Z-4074 on G.S.T. Road from Chennai towards Chengalpattu. While nearing Hindustan Petrol Bunk at Kattankulathur, a Car bearing Registration No. KA-51-D-1324, driven in a rash and negligent manner endangering public safet

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