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2024 Supreme(Mad) 2786

IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.NISHA BANU, R.SAKTHIVE
United India Insurance Co. Ltd., – Appellant
Versus
Naveen – Respondent


Advocates Appeared:
For the Appellant : Mr.N.Somasundar
For the Respondent: Mr.C.Paraneedharan

JUDGMENT :

R.SAKTHIVEL, J.

Feeling aggrieved by the Award dated July 28, 2023 passed by the 'Motor Accident Claims Tribunal (Special Subordinate Court No – II), Salem' ['Tribunal' for short] in M.C.O.P. No.272 of 2022, the claimant therein has preferred CMA.No.2320 of 2024 seeking enhancement of compensation, while the second respondent therein / Insurance company has preferred CMA.No.2814 of 2024 questioning the liability imposed on it as well as the quantum of compensation awarded.

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

PETITIONER’S CASE

3. The case of the petitioner is that on May 28, 2021 at about 10.30 pm, the petitioner was riding his motor cycle bearing Registration No.TN-48-AP-6827 at Thuraiyur road, near Devarapampatti APR Bakery, at that time, a foregoing autorickshaw bearing Registration No.TN-48-AR- 6439, suddenly turned right without any signals, and dashed on the motor cycle, due to which, the petitioner fell down and sustained head injuries. Then, he was rushed to Government Hospital, Thuraiyur for first aid, and then shifted to Trichy Neuro – One Hospital followed by various

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