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2009 Supreme(Mad) 2665

S.PALANIVELU
Branch Office New India Assurance Co. Ltd. , Villupuram – Appellant
Versus
Krishnaveni & Another – Respondent


Advocates Appeared:
For the Appellant :M. Krishnamoorthy, Advocate. For the Respondents:R1, R. Muralidharan, Advocate.

Judgment :-

It is stated in the claim petition that on 13. 2000 at about 10.00 a.m. while the petitioner was walking on her left side of Kurinjipodi main Road, first respondents vehicle bearing Registration No.TN-31-A-0853 came behind her in a rash and negligent manner dashed against the petitioner, by means of which she sustained grievous injuries and multiple fractures all over her body and head. She was pregnant by nine month at the time of accident. She was admitted to the Government Hospital at Cuddalore and thereafter referred to JIPMER Hospital, Pondicherry for further treatment. Due to the accident the child in the womb aged 9 month died. She was running dry cleaners shop and was earning Rs.10,000/-per month. Hence, a sum of Rs.10 lakhs is claimed as compensation.

2. In the counter filed by the respondent, it is stated that the fitness certificate, possession of valid driving licence of the first respondent and the insurance with the second respondent are denied. Age, income and avocation of the petitioner are also refuted. The amount claimed is high. since the accident took place due to the negligence on the part of the petitioner there is no need to pay compensation. Henc









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