IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, R. SAKTHIVEL, JJ
The Manager, Cholamandalam MS General Insurance Co. Ltd. – Appellant
Versus
Janakiraman – Respondent
| Table of Content |
|---|
| 1. incident details and claimant's condition. (Para 4 , 5) |
| 2. parties' arguments regarding negligence. (Para 9 , 10 , 11) |
| 3. court's evaluation of evidence and negligence. (Para 12 , 13 , 14 , 15 , 16) |
(Judgment was delivered by N. SATHISH KUMAR, J.
Challenging the Award passed by the Motor Accident Claims Tribunal/II Court of Small Causes, Chennai, (hereinafter referred to as “the Tribunal” for brevity) in M.C.O.P.No.3290 of 2020, dated 07.02.2025, the Insurance Company has filed C.M.A.No.3386 of 2025 and the claimant has filed C.M.A.No.1649 of 2025.
2.For the sake of convenience, the parties will be referred to as per their rank in C.M.A.No.3290 of 2020.
3.Brief facts of the case are as follows :
On 05.10.2000 at about 19.30 p.m., when the 1st respondent, aged about 37 years, was riding his motor cycle bearing Registration No.TN-20- DZ-7346 along K.G.Kandigai to Nochi Road, near Old Saibaba Ground, the rider of the motor cycle belonging to the 2nd respondent bearing Registration No.TN-20-DZ-7705 drove the motor cycle in a rash and negligent manner, endangering public safety, and applied sudden break and suddenly stopped the motor cycle without any indication, as a resul
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