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2009 Supreme(Mad) 1601

S.PALANIVELU
New India Assurance Co. Ltd. , Mettupalayam Coimbatore District – Appellant
Versus
C. K. Ramesh & Others – Respondent


Advocates Appeared:
For the Appellant:K. Chandran, Advocate.
For the Respondents:N. Manokaran, Advocate.

Judgment :-

1. The averments contained in the claim petition in brief are as follows:

On 111. 2001 at about 8.00 p.m. when the claimant was riding his Hero Honda Motor Cycle, bearing Registration No.TN 36 Z 8178 on the left extreme side of the North-south Mettupalayam-Sathyamangalam Road near Ammanpudur, the first respondent drove the Yamaha Motor Cycle with Registration No.TN 15 Y 3353, in a rash and negligent manner and dashed against the claimants motor cycle, by means of which he fell down and suffered serious injuries. He was taken to the hospital and was treated as inpatient. Because of various fractures and other injuries, he was permanently disabled from doing his business. He is Advocate by profession. From his profession he was earning about Rs.10,000/- per month. Hence a sum of Rs.7,50,000/- was claimed as compensation.

2. In the counter filed by the third respondent, the following is stated:

The accident did not occur due to the first respondent. The petitioner has not impleaded the insurer of the Hero Honda Motor Cycle driven by the second respondent as a party. The petition is bad for non-joinder of the necessary party and the petitioner has no valid driving licence. T








































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