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2025 Supreme(Mad) 2640

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs.J.NISHA BANU, Mr.R.SAKTHIVEL, JJ
IFFCO-TOKIO General Insurance Co. Ltd. – Appellant
Versus
M. Vignesh – Respondent


Advocates Appeared:
For the Appellant : Mr. J. Michael Visuvasam, Mrs. Ramya V. Rao.
For the Respondents: Mrs. Ramya V. Rao, Mrs. R. Srividya, Mr. J. Michael Visuvasam.

JUDGMENT :

R. SAKTHIVEL, J.

Feeling aggrieved by the Award dated September 6, 2022 passed by the 'Motor Accidents Claims Tribunal / Special Subordinate Court, Cuddalore', ['Tribunal' for short] in M.C.O.P.No.1524 of 2016, the fourth respondent therein / Insurance Company has preferred C.M.A.No. 2285 of 2023 praying to set aside the Award, while the petitioner therein has preferred C.M.A.No.2854 of 2022 praying to enhance the compensation. This Common Judgment will now decide both the Civil Miscellaneous Appeals.

2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Motor Claims Original Petition No. 1524 of 2016.

PETITIONER’S CASE

3. On January 10, 2016 at about 02.30 a.m., the petitioner / injured was travelling in the Car bearing Registration No. TN-22-CH-9267 driven by one Ravi – a deceased in the accident, on Chennai-Trichy National Highways near Chepauk Komugi Bridge River. At that time, a lorry bearing Registration No. TN-34-D-3677, driven in a rash and negligent manner, dashed against the Car. Consequently, the petitioner sustained grievous injuries and multiple fractures all over his body and head. According to the petitioner/inju

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