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1991 Supreme(Mad) 390

RATNAM, SOMASUNDARAM
The New India Assurance Co. Limited. – Appellant
Versus
D. Kamalam and others – Respondent


Appearing Advocates:David of M/s.Kurian and Associates, for Appellant. S.Sadaksharam, for Respondent No.1.

Judgment :-

Ratnam, J.:

These appeals have been preferred by the New India Assurance Limited against the common award of the Motor Accidents Claims Tribunal (District Ramanatha-puram at Madurai, in M.C.O.P.Nos.481 and 480 of 1988 respectively. stated, the circumstances giving rise to these appeals are as follows:

The first respondent both the appeals is the widow of R.Durairaj. Respondents 2 to 4 in C.M.A.No.313 of 1991 the sons of R.Durairaj and the first respondent in these appeals. The second respondent C.M.A.No.312 of 1991, who is also the fifth respondent in C.M.ANo.313 of 1991, is the of the lorry bearing registration No.MDA.6672, insured with the Oriental Insurance Company Limited, which is the fourth respondent in C.M.A.No.312 of 1991 the seventh respondent in C.M.A.No.313 of 1991. The third respondent in C.M.A.No.312 1991, who is the sixth respondent in C.M.A.No.313 of 1991, is the owner of the car registration No.TNU 5580, insured with the appellant in these appeals. On 11.3.1988, R.Durairaj with his wife, sons, uncle and other relations was proceeding in the car TNU belonging to his uncle I.Masilamani Nadar from Virudhunagar towards Sivakasi. When car was just approaching








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