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2024 Supreme(Online)(MAD) 15042

HIGH COURT OF MADRAS
Honourable Mr.Justice K.RAJASEKAR
SREE SAKTHI BAJAJI – Appellant
Versus
S.PRABAKARAN – Respondent


JUDGMENT

This Civil Miscellaneous Appeal has been filed by the third respondent in M.C.O.P.No.388 of 2017 challenging the award dated 27.11.2020, whereby, the Tribunal has held that the third respondent/appellant herein is liable to pay compensation to the claimant therein along with the first respondent.

2. For the sake of convenience, the parties are referred herein according to their litigative status and rank before the Tribunal.

3. The facts leading to the filing of this appeal is as follows:

The appellant herein is a two wheeler dealer, sold the unregistered two wheeler bearing Chassis No.MD2A55FZ90CGA 13859 and Engine No.JLZCGA26256, to the first respondent insured with the second respondent. Before effecting registration of the vehicle, the first respondent, who is the holder of learner's licence, while driving the vehicle on 01.06.2016 at about 8.30 AM met with an accident by hitting on the two wheeler driven by the claimant. The accident resulted in causing severe injuries to the claimant and he had come forward with the claim petition seeking compensation for a sum of Rs.20,00,000/- against the owner, dealer and insurer of the two wheeler.

4. The case of the claimant before

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