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2002 Supreme(Mad) 1533

P.SATHASIVAM, A.K.RAJAN
United India Insurance Company Limited – Appellant
Versus
Amir Basha and Others – Respondent


Advocates Appeared: For the Appellant:Mr. M.S. Krishnan, Advocate. For the Respondent: Mr. D. Shivakumaran for Mr. C.R. Muralidharan.

Judgment :-

P. Sathasivam, J.

United India Insurance Company Limited, aggrieved by the award of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Dharmapuri at Krishnagiri dated 23-8-1995 made in M.C.O.P.No. 138 of 1994, has preferred the above appeal.

2. In respect of death of one Absar in a motor accident, that had taken place on 7-12-91, the claimants/respondents 1 and 2 herein-parents of the deceased preferred a claim for Rs.1,00,000/- as compensation. Before the Tribunal, the first claimant, father of the deceased got himself examined as P.W.1 and he also examined one Syed Abdul Kalam as P.W.2, besides marking Exs. P-1 and P-2 in support of his claim for compensation. On the side of the Insurance Company, Insurance Policy has been marked as Ex. R-1. The Tribunal on appreciation of evidence, both oral and documentary and after holding that the Insurance Company of the vehicle in question were liable to pay compensation, passed an award for Rs.71,600/- with interest at 12 per cent from the date of petition till date of deposit. Questioning its liability, the United India Insurance Company has preferred the present appeal.

2. Heard the learned counsel for the appellan





















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