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2021 Supreme(Online)(MAD) 5676

HIGH COURT OF MADRAS
Hon`ble Mrs.Justice T.KRISHNAVALLI
THE MANAGER – Appellant
Versus
DURAI – Respondent


J U D G M E N T

This appeal has been filed challenging the award passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Thanjavur at Kumbakonam, dated 23.12.2014 made in MCOP No.

110 of 2014.

2.The short facts of the case is that on 24.04.2013 at about

3.00 pm, when the deceased Sambasivam was riding his motor cycle TN-68-H-4889 along with his brother Sriram as pillion rider, near Kumbakonam over-bridge Railway New Road, the Lorry TN-31-J-7857 came in a rash and negligent manner and dashed against the motor cycle. In the accident, the deceased sustained injuries and he was taken to Kumbakonam Government Hospital for first aid and subsequently, he was referred to Thanjavur Medical College Hospital, for treatment, however, he died in the hospital. The legal heirs of the deceased filed a claim petition seeking compensation of Rs.10,00,000/- on the ground that driver of the Lorry caused the accident.

3.Before the tribunal, on the side of the claimants, 1 witness was examined and marked 6 documents. On the side of the Insurance Company, one witness was examined and no document was marked.

4.The Tribunal, on consideration of oral and documentary evidence adduced by the parti

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