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2023 Supreme(Online)(MAD) 22453

HIGH COURT OF MADRAS
M.DHANDAPANI, J
UNITED INDIA INSURANCE CO LTD – Appellant
Versus
A.ARUJUNAN – Respondent


JUDGMENT

This appeal has been filed against the judgment and award dated

31.05.2005 passed in M.C.O.P. No.192 of 2005 on the file of the Motor Accidents Claims Tribunal (Additional District Court (FTC-2), Cuddalore.

2. The case of the claimant is that on 10.02.2000 at about 7.30 p.m.

When the claimant was walking left side of the road, the tractor bearing Reg. No.TN 31 U 4928 which was driver by its driver, owned by the second respondent and insured with the appellant herein, in a rash and negligent manner, hit against the claimant, due to which, he sustained grievous injuries and admitted in hospital for treatment. Thereafter, the claimant has filed claim petition before the Tribunal claiming compensation.

3. Before the Tribunal, during trial, in order to prove the case, the first respondent/claimant has examined two witnesses viz., PW1 and PW2 and marked Exs.P1 to P7, On the side of the appellant/insurance company, no witness was examined and no document was marked. The Tribunal, considering the pleadings, oral and documentary evidence, allowed the petition and awarded a sum of Rs.2,74,000/- as compensation to the claimant under various heads, aggrieved by the said award, the appellan

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