IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
National Insurance Company Limited, – Appellant
Versus
B.krishnamoorthy – Respondent
JUDGMENT :
(M. DHANDAPANI, J.)
Challenging the judgment and decree dated 07.04.2021 passed in MCOP.No.1029 of 2019 by the Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes) at Chennai, the appellant has come up with this appeal.
2. It is the case of the claimants/1st and 2nd respondents that, on 17.04.2018 at about 8.30 hours, when the deceased Rajesh Khanna was riding the motor cycle bearing Regn.No.TN-55-AX-7540 owned by the 3rd respondent insured with the appellant herein along with the son of the 3rd respondent in Chennai-Madurai National Highway from south to north direction at Puduppatti Koot Road, near Viralimalai due to bad maintenance of the vehicle, the handle bar struck, dragged and skidded, due to which the deceased sustained head injury and other multiple injuries and succumbed to the same. Thereby, the 1st and 2nd respondents/claimants, who are the parent of the deceased filed a claim petition claiming a compensation of Rs.30,00,000/-. Before the tribunal, the claimants examined two witnesses viz., P.W.1 and P.W.2 and marked exhibits P.1 to P.16 and on the side of the appellant-insurer, the Inspector of Viralimalai Police Station was examined as R.W.1 an
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