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1999 Supreme(Mad) 681

M.KARPAGAVINAYAGAM
ORIENTAL INSURANCE CO. LTD – Appellant
Versus
VEDATHAL – Respondent


Advocates:
For the Appearing Parties:N. Vijayaraghavan, Advocate.

Judgment :

M. KARPAGAVINAYAGAM, J.

( 1 ) ORIENTAL insurance Co. Ltd. , Salem is the appellant herein.

( 2 ) THE claimants, the widow and two daughters of the deceased, filed a claim petition before the Tribunal, stating that periyathambi, deceased, died in the accident occurred due to negligent driving of the driver of the lorry belonging to the respondent No. 4 herein, insured with the appellant, and claimed the compensation of Rs. 1,00,000.

( 3 ) THE Tribunal awarded Rs. 52,000, holding that the insurance company is liable to pay the said amount on behalf of the owner of the lorry.

( 4 ) QUESTIONING the finding with reference to liability fastened on the insurance company, this appeal has been presented before this court. Aggrieved over the inadequacy of quantum, the claimants, the respondent Nos. 1 to 3 herein, have filed cross-objection No. 97 of 1995.

( 5 ) FEW facts, which are required for the disposal of this appeal and cross-objection could be stated as follows: on 20. 5. 1991, at about 2. 00 p. m. , the deceased Periyathambi was going on his bicycle, keeping to his left side, at Narasimhachetty Road at Shevapet. While so, near S. M. C. Service Station, a lorry bearing































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