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2009 Supreme(Mad) 727

S.PALANIVELU
National Insurance Co. Ltd. , Attur – Appellant
Versus
Deivanai & Others – Respondent


Advocates appeared:
For the Petitioner:N. Vijayaraghavan, Advocate.
For the Respondents:R1 to R4, T. Murugamanickem, R5, Kaithamalai Kumaran, Advocates.

Judgment

On 3. 1992 at about 6.30 p.m. while the deceased Kandasamy was riding his bi-cycle, his father Sengamalai Padayachi was sitting on the back seat. While the cycle was proceeding along Ammamapalayam Road near Bungalow Kadu, a tractor bearing registration No.TN-27-Z-2151 was driven by its driver in a rash and negligent manner and dashed against the cycle from the back and hence the accident occurred. Both of them sustained serious injuries and were removed to Government Hospital, Attur. Kandasamy was referred to M.K.G.M.C. Hospital, Salem, for further treatment, however, on the way, he died. He was aged about 28 years at the time of accident. He was an agriculturist and tapioca broker. Agricultural lands to the extent of 49. 5 hectare belong to the family of the deceased. He was earning not less than Rs.2,000/-per month. The first petitioner is wife of the deceased, second and third petitioners are minor sons and fourth and fifth petitioners are parents of the deceased. Hence a sum of Rs.2,00,000/- is claimed as compensation.

2. In the counter filed by the first respondent, it is stated that the deceased was aged more than 40 years and was not doing any work. He was neither a

































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