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2022 Supreme(Online)(MAD) 37423

HIGH COURT OF MADRAS
Hon`ble Mr.Justice K.MURALI SHANKAR
M/S.IFFCO TOKIO GENERAL INSU – Appellant
Versus
B.NAGARATHINAM – Respondent


JUDGMENT

This Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.1249 of 2014 dated 07.07.2021 on the file of the Special District Court (Motor Accident Claims Tribunal), Trichirappalli.

2. The appellant/Insurer, who was made liable to pay compensation of Rs.7,18,850/- with interest at 7.5% per annum and costs to the respondents 1 to 3/claimants for the death of one Balakrishnan, who died consequent to an accident occurred on 10.02.2014, challenged the liability mulcted on it and the quantum of compensation awarded at, by the Tribunal.

3. Admittedly, the first respondent/first claimant is the wife and the respondents 2 and 3/claimants 2 and 3 are the sons of the deceased Balakrishnan.

4. The case of the respondents 1 to 3/claimants is that on 10.02.2014 at about 07.00 p.m., when the deceased Balakrishnan was walking from East to West direction on Viralimalai to Manapparai road, just in front of the Primary Health Centre, a two wheeler bearing Registration No.TN-55-AA-7596 came from West to East direction in a rash and negligent manner without sounding and without observing the traffic rules to the extreme right side of the road and dashed against the pedestri

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