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2004 Supreme(Mad) 516

S.R.SINGHARAVELU, P.SATHASIVAM
New India Assurance Company Ltd. , – Appellant
Versus
Minor Krishnan & Others – Respondent


Advocates Appeared: For The Appellants :N.B. Surekha, M/s. r. Vedantham, Advocates. For The Respondents:G. Masilamani, Senior Counsel, R.1, G. Thalamutharasu, Advocate.

Judgment :-

P. Sathasivam, J.

Aggrieved by the common award dated 27.04.2001 of the Motor Accident Claims Tribunal, Tirunelveli, New India Assurance Company Ltd., Theni has preferred the above appeals. Since all the appeals arise from a common award of the Tribunal, they are being disposed of by the following common judgment.

2. The facts which are required for the disposal of the appeals are briefly stated hereunder:

According to the claimants, on 21.02.1999, when the lorry bearing Registration No.TN 60 - 4705 belonging to one Dhanalakshmi and insured with New India Assurance Company Limited (appellant herein) driven by its driver by name Gunasekaran in a rash and negligent manner without observing the traffic rules and regulations in Sivakalai - Srivaikundam Road from East to West and going near the Betmanagaram - Srivaikundam Road, the lorry driver lost his control, due to which the lorry capsized into the paddy field on the South side of the said Road, as a result several persons who were travelling as loadmen and child labourers sustained fatal and multiple injuries. It is their further case that the persons travelling in the said lorry were engaged as workers and all of them hav






















































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