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2025 Supreme(Mad) 3041

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. SOUNTHAR
B.Sivagami – Appellant
Versus
Sakthi Roadways, Rep. By Prop. S.Sakthivel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.P.Yuaraj
For the Respondent: M/s.R.Rathna Thara

JUDGMENT :

S.Sounthar, J.

Aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, the claimants have come before this court by way of this appeal.

2. It is the case of the claimants that son of the first claimant and brother of the claimants 2 and 3 died in a road accident that had taken place on 28-06-2017. It was the case of the claimants before the Tribunal that the deceased Nataraj was riding his Hero Passion Pro motorcycle from North to South direction by observing the traffic rules. When he came near KP.Karadu Privu, one Ashok Leyland Mini lorry belonged to the first respondent, insured with the second respondent, came in a rash and negligent manner and dashed against the two-wheeler from backside. Therefore, the deceased fell down and the front right wheel of the mini lorry ran over the head of the deceased. Therefore, the claim petition was filed seeking compensation of Rs.24,00,000/-

3. The first respondent remained ex-parte before the Tribunal and the second respondent/ insurance company filed a counter and contested the claim on the ground that the accident had occurred only due to the fault on the part of the deceased.

4. The Tribunal, based o


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