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2025 Supreme(Mad) 4432

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Govindarajan Thilakavadi, J
Branch Manager, The New India Assurance Company Limited – Appellant
Versus
Dharman – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R. Neethi Perumal

JUDGMENT :

K. GOVINDARAJAN THILAKAVADI, J.

1. The present appeal is directed against the Award dated 09.07.2014 of the learned Special Sub Judge, Motor Accident Claims Tribunal, Krishnagiri, in M.C.O.P. No.853 of 2013.

2. For the sake of convenience, the parties are referred to as per their ranking in the Tribunal.

3. Briefly stated, on 18.05.2008 at about 2.30 p.m., the claimant was travelling as a pillion rider in TVS Star sport motorcycle bearing No.TN-24- D-4793 which was driven by one Sikanthar slowly and cautiously observing the traffic rules. At that time, near Nackenkottai, the car bearing Registration No.KBV 7065 belonging to the first respondent and insured with the appellant/Insurance Company driven by its driver in a rash and negligent manner which came in the opposite direction dashed against the TVS Star Sport Motorcycle in which the claimant was travelling, as a result of which, the claimant and the rider of the said vehicle fell down and sustained injuries and they were immediately taken to the Government Hospital, Krishnagiri, and after first aid the claimant was taken to the St. Johns Medical College Hospital, Bangalore for further treatment.

4. According to the claima

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