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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. GOVINDARAJAN THILAKAVADI, J
M.Palanisamy, Tamilarasi – Appellant
Versus
Ramarajan. K., The Chief Manager, Reliance General Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. recognition of negligence and assessment of damages. (Para 1 , 2 , 3) |
| 2. framework for determining just compensation. (Para 4 , 5 , 6 , 7 , 8) |
| 3. final verdict directing compensation payment. (Para 9) |
Judgment
This Civil Miscellaneous Appeal has been filed by the claimants seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal (Sub Court), Panruti in M.C.O.P. No.185 of 2020 dated 25.02.2025.
2.The case of the claimants before the Tribunal was that on 22.04.2020 at about 7.10 a.m., the deceased Jeyaraman, aged about 26 years, was riding a Honda Dio motorcycle bearing Registration No.TN-31-CX-8611 on the Panruti–Salem main road. The injured claimant was travelling as a pillion rider. At that time, a TVS Suzuki motorcycle bearing Registration No.TN-15-C-8124, driven by the first respondent in a rash and negligent manner, came from the opposite direction and dashed against the vehicle of the deceased. Due to the impact, the deceased sustained grievous injuries and succumbed to the same.
The claimants, being the parents of the deceased, filed the claim petition seeking compensation of Rs.50,00,000/-.
3.The second respondent / Insurance Company re
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