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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. GOVINDARAJAN THILAKAVADI, J
The Division Manager, The New India Assurance Company Ltd. – Appellant
Versus
Chandiran – Respondent
| Table of Content |
|---|
| 1. court reviews tribunal's decision on liability. (Para 1) |
| 2. claimant injured due to negligent driver, awarded compensation. (Para 2 , 3) |
| 3. appellant contests liability based on driver's lack of license. (Para 4 , 5) |
| 4. court orders payment with directives on recovery. (Para 6) |
Judgment
This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company challenging the Award and Decree dated 20.12.2021 passed in M.C.O.P.No.1413 of 2017 by the learned Special Sub Judge, Motor Accident Claims Tribunal, Tiruvannamalai.
2.The case of the claimant is that on 09.06.2017 at about 7.00 a.m., while he was riding his two-wheeler on the Chengam–Tiruvannamalai road near Vinnavanur bus stop, the driver of a Hyundai Eon car bearing Registration No.TN-68-Q-2757 drove the vehicle in a rash and negligent manner and dashed against the claimant’s vehicle. Due to the impact of the accident, the claimant sustained grievous injuries including fracture of the right femur and other bodily injuries and underwent treatment in Government Medical College Hospital and private hospitals. Claiming that the accident occurred solely due to the negligence of the driver of the offending v
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