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2009 Supreme(Mad) 2318

N.KIRUBAKARAN
The Divisional Manager, The New India Assurance Co. , Ltd. – Appellant
Versus
T. Chelladurai & Others – Respondent


Advocates appeared:
For the Appellant:B. Vijay Karthikeyan, Advocate. For the Respondents:K. Mahendran, Advocate.

JUDGMENT :-

This appeal has been preferred by the Insurance Company against the award of a sum of Rs.5,85,000/- as against the claim of Rs.10,00,000/- by the respondents 1 to 3/claimants.

Factual Matrix

2. The case of the respondents/claimants before the Tribunal was that one Mr. Ragavendran, a final year B.E., (Automobile Engineering) student, met with an accident on 13.04.2006 and died on the spot due to multiple injuries.

.3. According to the claimants, the deceased died when he was riding the motor cycle from the East to West in Melur-Trichy N.H. Main road and the fourth respondent driver drove the lorry in a rash and negligent manner from West to East and came to the wrong side and dashed against the motor cycle in the southern side of the road and then went off the road and dashed against the Tamarind tree in the southern side of the road and thereby the deceased C. Ragavendran thrown out from the motor cycle and died on the way to Hospital. According to the claimants, the deceased was a final year B.E., (Automobile Engineering) student and had a potential of earning more and though, a sum of Rs.6,850/-was calculated as compensation and they restricted their claim to Rs.10,






























































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