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2009 Supreme(Mad) 3103

P.K.MISRA
Branch Manager, New India Assurance Co. Ltd. , Vellore – Appellant
Versus
Muralikrishnan and Another – Respondent


Advocates Appeared:
For the Petitioners:K. Suryanarayanan, Advocate.
For the Respondent:Vijayaraghavan, Advocate.

Judgment :

Heard Mr. R. Subramani, learned for the appellant. The insurance company has filed this appeal challenging the award of the claim Tribunal whereunder the Tribunal has awarded a sum of Rs.1,13,000/- as compensation to the claimant/respondent No.1 on account of the injuries sustained by the claimant/respondent No.1 in an accident caused by the vehicle belonging to the 2nd respondent. Learned counsel for the appellant primarily raised regarding the liability of the insurance company though he had also haltingly raised the question relating to the quantum. However, when it is found that the claimant had sustained two fractures one in the mandible and another in the leg and was hospitalized for 40 days, counsel for the appellant-fairly stated that keeping in view the principle that normally the appellate Court does not interfere with the award unless the award is excessively high, there may not be any scope for interference in such matter, and therefore, he would concentrate only on the question of liability of the insurance company.

2. It is contended, by him that the offending vehicle was being driven by the son of the owner and such driver didn’t have any driving licence, a







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