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1980 Supreme(Mad) 237

G.RAMANUJAM
The National Insurance Company – Appellant
Versus
Sugantha Kunthalambal – Respondent


JUDGMENT

G. Ramanujam, J.

1. The above appeal has been filed by the National Insurance Co., Tirucnirapalli, against the award of the Motor Accidents Claims Tribunal, Tiruchirapalli, awarding to the respondent-claimants a sum of Rs. 30,000 as compensation for one accident that took place 011 4th March, 1974, at about 3.30 P. M. near Tiruchirapalli junction. Cross-objections have been filed by the respondents-claimants claiming an enhanced compensation.

2. On 4th March, 1974 at about 3.30 P. M. one T.S. Krishnamurthi who was working as an accountant in Coaching section, Southern Railway at Tiruchirapalli, while crossing the road was hit by an auto-rickshaw bearing registration No. M/TNY 1878 belonging to one Joseph and as the result of the impact, the said T.S. Krishnamurthi fell down, sustained injuries and died at the spot. On the ground that the accident had occurred due to the rash and negligent driving of the auto-rickshaw by its driver, the legal representatives of the said Krishnamurthi filed a claim before the Motor accidents Claims Tribunal, Tiruchirapalli, claiming a sum of Rs. 1,00,000 The said claim was opposed both by the owner of the auto-rickshaw as well as the Insurance














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