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2025 Supreme(Online)(Mad) 27565

IN THE HIGH COURT OF JUDICATURE AT MADRAS
,
Claimants – Appellant
Versus
1st Respondent – Respondent


Advocates:
For the Appellants/Petitioners:
For the Respondents:

JUDGMENT

Both the claimants and the insurance company have filed the present appeals against the award passed by the Motor Accidents Claims Tribunal, Subordinate Court, Mettur in M.C.O.P.No.59 of 2022. The claimants have filed C.M.A.No.2310 of 2024 and the insurance company has filed C.M.A.No.27 of 2025. For brevity, the appellants in C.M.A.No.2310 of 2024 are hereinafter referred to as claimants and the appellant in C.M.A.No.27 of 2025 is hereinafter referred to as insurance company.

2. The appellants/claimants are the husband, daughters, son, mother and father of the deceased Selvam. As per the claim petition, on 30.04.2022, at about 8.00 p.m., the deceased was riding his Splendor Plus motorcycle bearing Regn.No.TN-39-AE-9286 on Bhavani to Mettur Main Road, Kuthiraikal Medu, near Indirani Blue Metal with care and caution on south to north direction. At that time, a private bus bearing Regn.No.TN-45-Q- 0399 belonging to the 1st respondent, which was insured with the 2nd respondent, driven by its driver in a rash and negligent manner and hit on the backside of the motorcycle. As a result of which, the deceased fell down on the road and he sustained grievous injuries. Immediately, the

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