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2021 Supreme(Online)(MAD) 31614

HIGH COURT OF MADRAS
Hon`ble Mr Justice S. VAIDYANATHAN
KALAIMANI – Appellant
Versus
JAISURYA – Respondent


JUDGMENT

Aggrieved by the judgment and decree dated 19.10.2019 passed by the Motor Accidents Claims Tribunal/Special Subordinate Judge No-I, Salem in M.C.O.P.No.833 of 2018, the injured Claimant has come up with this Civil Miscellaneous Appeal, seeking enhancement of compensation.

2. According to the Claimant, on 09.12.2017, when he was driving a TVS 50 XL Moped bearing Registration No.TN 28 H 9424, another motor cycle bearing Registration No.TN 54 K 4719 (Bajaj KTM Duke), which came in the opposite direction in a rash and negligent manner, dashed against the vehicle driven by the Claimant, thereby, he sustained grievous injuries and multiple fractures. For the injuries sustained by him, the Claimant filed a Claim Petition claiming a sum of Rs.15,00,000/- as compensation.

3. Before the Tribunal, on the side of the Claimant, P.W.1 was examined and Exs.P1 to P12 were marked. On the side of the Respondents, R.W.1 was examined and Exs.R1 to R3 were marked. On the side of the Court, C.W.1 was examined and Exs.C1 and C2 were marked.

4. The Tribunal, on a consideration of the entire oral and documentary evidence, awarded a sum of Rs.3,46,615/- as compensation to the Claimant, under the follo

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