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2025 Supreme(Mad) 2689

IN THE HIGH COURT OF JUDICATURE AT MADRAS
J. NISHA BANU, R. SAKTHIVEL
IFFCO-TOKIO General Insurance Co. Ltd. – Appellant
Versus
R. Balaj Sharma – Respondent


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

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.1525 of 2016, the fourth respondent therein / Insurance Company has preferred this appeal.

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

BRIEF FACTS PUT FORTH BY THE PETITIONER / INJURED

3. On January 10, 2016 at about 02.30 a.m., while the petitioner / injured was travelling in the Car bearing Registration No.TN-22-CH-9267 driven by one Ravi [who also passed away in the accident] on Chennai- Trichy National Highways near Chepauk Komugi Bridge, a lorry bearing Registration No.TN-34-D-3677, driven by its driver in a rash and negligent manner dashed against the Car and consequently, the petitioner sustained grievous injuries and multiple fractures all over his body including head. According to the petitioner / injured, at the time of accident, he was a 24 years old Pandit earning a sum of Rs.50,000/- per month. Before the Tribunal, owner and insurer of the said car, as well as owner and i

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