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2023 Supreme(Online)(MAD) 2615

HIGH COURT OF MADRAS
Honourable Mr Justice M.DHANDAPANI
SUGUNA W/O SURESH – Appellant
Versus
RADHIKA W/O.SANKARAMOORTHY – Respondent


JUDGEMENT

Aggrieved by the compensation granted by the Motor Accident Claims

Tribunal (Principal District Judge), Perambalur in M.C.O.P.No.401 of 2009

dated 27.07.2012, the claimants are before this Court.

2. Brief facts which are necessary for disposal of this appeal are as follows:-

(i) On 11.10.2008 at about 3.15 a.m., when the deceased Suresh was travelling as a cleaner in the lorry belonging to the first respondent insured with the second respondent bearing Regn.No.TN 21 L 0262, at that time a tipper lorry bearing Regn.No.TN 46 F 3669 belonging to the third respondent insured with the fourth respondent driven by its driver which came in the opposite direction in a rash and negligent manner and dashed against the first respondent lorry, due to which the said lorry was capsized on the road and as a result of which the cleaner of the first respondent lorry died on spot. Claiming compensation in a sum of Rs.8,00,000/- the claim petition has been filed by the appellants herein.

3. Before the Tribunal, the claimants examined two witnesses viz.,

P.W.1 and P.W.2 and marked Exs.P.1 to Ex.P.3. On the side of respondents neither any witnesses were examined nor any documents were marked. After

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