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IN THE HIGH COURT OF JUDICATURE AT MADRAS
,
Insurance Company – Appellant
Versus
Claimant – Respondent
| Table of Content |
|---|
| 1. factual background and evidence of accident, injuries, and disability (Para 1 , 2 , 3 , 4 , 11 , 13 , 14 , 17) |
| 2. court’s analysis on negligence, disability, compensation calculation and legal precedents (Para 5 , 6 , 15 , 16 , 18 , 19) |
| 3. contentions on negligence and quantum of compensation (Para 7 , 8 , 9 , 10 , 12) |
| 4. final decision and orders (Para 20) |
JUDGMENT
This Civil Miscellaneous Appeal has been preferred against the award dated 24.11.2023 passed in M.C.O.P.No.1230 of 2014 by the Motor Accident Claims Tribunal, Special Sub-Court, Tiruchirappalli, by the Insurance Company.
2.The case as set out in the claim petition is stated in brief:
On 26.09.2013 at about 11.00 a.m., while the petitioner was riding his two wheeler bearing Registration No.TN 47 X 3190 with two pillions(Shanmugasundaram and Santhakumar) along Karur to Pettavaithalai Main Road from West to East direction at a normal speed near AKM Hospital, a van bearing Registration No.TN 42 E 8685, which belongs to the first respondent and insured with the second respondent came at a high speed and in a rash and negligent manner from the opposite direction and hit on the petitioner's two wheeler. Due to
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