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2021 Supreme(Online)(MAD) 3746

HIGH COURT OF MADRAS
DR. G.JAYACHANDRAN, J
K.Sekar – Appellant
Versus
M/s.S.R.S.Travels – Respondent


Advocates:
For the Appellants/Petitioners: Mrs.Ramya V.Rao
For the Respondents: Mrs.R.Sree Vidhya

Table of Content
1. details of the accident and victim. (Para 1 , 2)
2. court's analysis of negligence evidence. (Para 3 , 5 , 10 , 12 , 14 , 15)
3. arguments regarding compliance with the law. (Para 6 , 7)
4. legal interpretation of section 163a. (Para 18 , 19 , 22 , 24 , 27)
5. final award and directive on compensation payment. (Para 28 , 29 , 30 , 31)

JUDGMENT

Appeal by the dependants of the motor accident victim, for enhancement of compensation, being unsatisfied with the quantum of award passed by the Motor Accident Claims Tribunal, Chennai.

2.As per the claim petition, on 26/03/2008 around 4.30 p.m, Mr.Harikrishnan while riding along Pallikaranai Road, in his motorcycle bearing registration No.TN 07-AH-7115, near Kamachi Hospital, the driver of the stationed bus bearing registration No.TN-22- AT 8291 negligently without noticing the motorcycle, suddenly moved and hit the left side of the motorcycle. The motorcycle rider Harikrishnan was thrown away and fell on the road. He sustained grievous injury and taken to hospital. First Aid treatment was given at Kamachi Hospital. For further treatment, he was taken to Government General Hospital, Chennai. He was admitted as inpatient on 26/03

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