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2010 Supreme(Mad) 598

R.SUBBIAH
United India Insurance Co. Ltd. P. B. No. 1122 Coimbatore – Appellant
Versus
K. G. Vimala & Others – Respondent


Advocates Appeared:
For the Petitioners:M.B. Gopalan, Advocate.
For the Respondent:P. Vallvappan, Advocate.

Judgment :

R. Subbiah, J.

This appeal is filed by the insurance company as against the award dated 19. 2008 passed by the Motor Accident Claims Tribunal (Additional District Judge, Special Court for Essential Commodities Act Cases), Coimbatore, in M.C.O.P. No.989 of 2005, whereby the appellant insurance company was directed to pay the compensation amount to respondents 1 and 2/claimants and permitted to recover the same from the owner of the vehicle.

2. The facts, which are necessary to decide the issue involved in the appeal, are as follows:

.(a) Respondents 1 and 2 herein are the wife and the minor daughter of the deceased M. Ramalingam. On 33. 2004, while the said Ramalingam was riding his motor cycle bearing registration No. TN-38-P-3596 from north to south in the Mettupalayam road, a lorry bearing registration No. TNE-315 came from behind in a rash and negligent manner and dashed against the motor cycle and as a result of which, Ramalingam was dragged for over 25 feet and he succumbed to the injuries. Hence, respondents 1 and 2 made a claim for a sum of Rs. 32 lakhs as compensation for the death of the deceased Ramalingam as against the driver and the owner of the lorry in que





















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