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2009 Supreme(Mad) 559

S.PALANIVELU
The New India Assurance Company Ltd – Appellant
Versus
Sekar & Another – Respondent


Advocates Appeared:
For the Petitioner:S. Manohar, Advocate.
For the Respondent:R1, S. Vadivel, A. Ashokkumar, Advocates.

Judgment :-

1. In the claim petition, the following are stated: -

.1. (i) The petitioner is aged about 39 years who was earning about Rs.10,000/-p.m. by means of his being a Managing Partner in some finance companies. On 12. 1999 at about 2.30 p.m.while he was standing in Post Office but stop in Cuddalore, Bharathi Road, a motor cycle TVS Suzuki, bearing Registration No.TN-31-B-4950, insured with second respondent was driven in a rash and negligent manner by its driver, dashed against the claimant and hence he suffered multiple injuries and fractures and hence a sum of Rs.25 lakhs is claimed as compensation.

.2. In the Counter filed by the Insurance Company it is stated as follows:

.2.(i) The insurance for the vehicle and the aspect of possession of valid driving licence by the driver of the vehicle on the date of accident are denied. The claimants age, occupation, monthly income, injuries sustained and the nature of disability are also denied. The compensation claimed is excessive and exaggerated and hence the claim petition has to be dismissed.

3. In the additional Counter filed by the Insurance Company, it is specifically denied that the road accident had taken place on 012.





















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