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2022 Supreme(SC) 604

DINESH MAHESHWARI, ANIRUDDHA BOSE
S. Chandrasekharan – Appellant
Versus
M. Dinakar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P. B. Suresh, Adv. Mr. Vipin Nair, AOR Mr. Arindam Ghosh, Adv. For the Respondent: Mr. Amit Kumar Singh, AOR Mrs. K. Enatoli Sema, Adv. Ms. Chubalemla Chang, Adv.

JUDGMENT :

ANIRUDDHA BOSE, J.

1. Leave granted.

2. The appellants before us are the claimants in an action for compensation under the Motor Vehicles Act, 1988 (1988 Act). An accident had occurred on 28th February 2011 at about 10:45 A.M. which resulted in death of one Bala Babitha, a 37 year old lady, and caused injuries to her husband and her minor daughter. The first appellant is the husband of the deceased. The second and the third appellants are their children, who were minors by age at the point of time the accident occurred. The fourth appellant is the mother of the deceased. The first appellant and the third appellant alongwith the deceased were travelling in an auto rickshaw from Velachery to Adambakkam in the city of Chennai, which was hit by a vehicle (bearing registration no. TN-04-W-6189). The respondent no. 1 was the owner of that vehicle. The second respondent is the insurance company, whose policy covered the offending vehicle.

3. Claim was lodged by the appellants under Section 166 of the 1988 Act before the Motor Accident Claims Tribunal, Chennai (the Tribunal). Be

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