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2020 Supreme(Online)(MAD) 9980

HIGH COURT OF MADRAS
Hon`ble Mrs Justice V.BHAVANI SUBBAROYAN
ALAGESAN – Appellant
Versus
NAINA MOHAMED – Respondent


J U D G M E N T

This Civil Miscellaneous Appeal has been filed by the appellant seeking enhancement of the compensation awarded in M.C.O.P.No.393 of 2007 on the file of the Motor Accidents Claims Tribunal, Sub Court Ariyalur dated 16.07.2012.

2.The appellant is the claimant. The first and second respondents are the owner and insurer of the alleged vehicle involved in the accident.

3.The case of the appellant/claimant is that on 09.05.2007 at about 8.15 p.m when he was proceeding in his motor cycle bearing Registration No: TN-46-7526 from Ariyalur to Kallakurichi, the first respondent's motor cycle bearing Registration No.TN-49-W-9618, came in the opposite direction in a rash and negligent manner and dashed against the motor cycle in which the appellant was proceeding. Due to the impact the appellant sustained head injury and injuries in all parts of the body. The accident occurred due to the rash and negligent driving of the rider of the motor cyclist. Hence he filed a claim petition before the Tribunal, claiming a sum of Rs.5,50,000/- as compensation.

4.The Tribunal considering the pleadings, oral and documentary evidence held that the accident occurred only due to rash and negligent

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