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1974 Supreme(Mad) 163

R.PAUL
The General Assurance Society Ltd – Appellant
Versus
Jayalakhmi Animal and others – Respondent


Advocates:
N. C. Raghavachari and N. S. Varadachari and K. Ranganathan, for Appellants.
R. Sundaravaradhan, S. Y. Raghuraman and S. Balakrishnan, for Respondents.

JUDGMENT.-This appeal by the Insurance Company with which the vehicle-lorry MSM. 1078 belonging to the third respondent Babu Reddi and which was involved in an accident on 25th May., 1970 at about 3-30 p.m. on the Poonamalle High Road which resulted in the death of one Chandran, the husband of the first respondent and father of the second respondent was insured. The Claims Tribunal awarded a sum of Rs. 10,000 as compensation to be paid to the first and second respondents and the Insurance Company, the appellant herein was directed to pay the compensation.

2. It is contended in this appeal that the Tribunal cried in finding that the accident was due to the negligent driving of the vehicle by the driver of the vehicle and it also erred in awarding such a huge sum as Rs. 10,000 as compensation and thirdly that the liability of the appellant as the insurer was limited to the extent of the liability arising under the Work-men’s Compensation Act. On the question as to whether there was adequate proof before the Motor Accidents Claims Tribunal for the rash or negligent driving of the lorry by the employee of the third respondent, the finding of the Tribunal has not been seriously challenge





















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