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1999 Supreme(Mad) 831

A.RAMAN
United India Insurance Company Limited, 1 North Car St, Thiruchengode, Salem Dist – Appellant
Versus
Anandavelu and others – Respondent


Appearing Advocates:Mr.K.S.Narasimhan, Advocate for Appellant. Mr.T.R.Rajaraman, Advocate for Respondents.

Judgment :-

1. On 17.11.1992 in a road accident a minor by name Saravanan died. The claimants are the parents of the deceased Saravanan. They filed an application before the Motor Accidents Claims Tribunal, Namakkal, claiming a compensation of Rs .75,000 for the death of the minor. Before the tribunal, the second claimant examined herself as a witness besides one other witness. On behalf of the respondent one witness was examined. Exs.A-1 to A-4 and B-1 to B-5 were marked. The tribunal found that the accident took place on account of the rash and negligent driving of the vehicle by the driver of a van bearing registration No.TAM 5596. The tribunal has quantified the compensation payable at Rs 70,000 and directed the owner, who was the first respondent and the insurance Company, the second respondent to pay the same to the claimants.

2. Aggrieved by the said decision, the insurer has now preferred this appeal.

3. Learned Counsel for the appellant did not address any argument questioning the findings of the tribunal with regard to rash and negligent driving of the vehicle or as to the quantum fixed by the tribunal. The only argument that was addressed is that at the time when the acc









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