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2009 Supreme(Mad) 413

PRABHA SRIDEVAN, T.S.SIVAGNANAM
Royal Sundaram Alliance General Insurance Co. Ltd. – Appellant
Versus
P. Ayyakannu & Another – Respondent


Advocates Appeared:
For the Appellant:M.B. Raghavan, Advocate.
For the Respondents:R1, M. Swamikkannu, Advocate.

Judgment :-

Prabha Sridevan,J.

The claimants P. Murugan, V. Subramani and P. Ayyakannu were travelling in a goods vehicle bearing registration No.TN-55/K-4584 which capsized due to the rash and negligent driving of the driver. According to the claimants, all the three were travelling in the vehicle along with the goods, to ensure the safe transportation. The vehicle was insured with the appellant and therefore, according to the claimants, the appellant is bound to pay the compensation. The individual facts are as follows:

2. Murugan is a seasonal agricultural worker and also seasonal construction worker. According to him, his monthly income range from 7000 to 10,000/-. His left shoulder was dislocated. He had suffered injury on the left upper arm and internal injuries on skull and chest and multiple injuries all over the body. He was an inpatient for one day at Annal Gandhi Memorial General Hospital, Trichy – 620 017 and an out-patient thereafter. He claimed Rs.3,00,000/-.

3. Subramani was also similarly employed as Murugan mentioned above earning allegedly the same income. His left hip joint was also dislocated and also his left knee and his left elbow and internal injuries in s


































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