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1983 Supreme(Mad) 538

V.RAMASWAMI, SATHAR SAYEED
Jaikrishndas – Appellant
Versus
Chruthai Ammal – Respondent


Advocates:
R. Krishnaswami, for Appellant, K. T. Palpandian and S. Sampath Kumar, for Respondents.

Judgement

V. RAMASWAMI J. :- The first respondent before the Motor Accidents Claims Tribunal, the owner of the car CRP 6835 is the appellant herein. On 30- 9-1976, at or about 10-30 a.m. when the appellant who wets getting down from his parked car, opened the door, it hit the scooter TMS 4191, driven by Divakaran, who was proceeding alongside the parked car, resulting in the throwing away of the scooter driver and causing his death. The mother of the deceased filed a petition under S.110-A of the Motor Vehicles Act. claming compensation of Rs. 1,15,00O, for he death of the deceased. The second respondent is the Insurance Company with whom the appellant has insured his vehicle. The additional Motor Accidents Claims Tribunal, Madras, by order dated 19-6-1979, determined the compensation at Rs. 20,780 under the various headings. However, the award was given only against the appellant., and the Insurance company was held not liable. In this appeal by the insured, the learned counsel for the appellant did not question the claim of the first respondent herein, the mother of the deceased nor the quantum of compensation fixed. However, he contended that the Tribunal went wrong in absolving









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