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2024 Supreme(Online)(MAD) 14956

HIGH COURT OF MADRAS
N. ANAND VENKATESH, J
M/s. Cholamandalam Ms Genera – Appellant
Versus
DAISY RANI – Respondent


J U D G M E N T

The Insurance Company has filed the present appeal challenging the quantum of compensation fixed by the Tribunal in M.C.O.P.No.690 of 2015 dated 08.03.2019 on the file of the Motor Accidents Claims Tribunal, Subordinate Judge at Perambalur.

2.The claimant was proceeding in a two wheeler as pillion rider on

06.03.2015 at Trichy to Chenai NH Road and at about 1.30 PM, when the vehicle was going near Irungalur Kaikatti, the offending vehicle namely the tipper lorry belonging to the 1st respondent was driven in a rash and negligent manner and as a result, the lorry dashed on the two wheeler and the claimant as well as the rider of the vehicle were thrown away. The claimant sustained grievous injuries. Her left leg was crushed and it was amputated. The Medical Board assessed the permanent disability as 85%. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation.

3.The Tribunal considering the facts and circumstances and on appreciation of the oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the off

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