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2008 Supreme(Mad) 3635

S.PALANIVELU
Iffco-Tokio General Insurance Co. Ltd. – Appellant
Versus
Tmt. Sulochana & Others – Respondent


Advocates Appeared:
For the Appellant:K. Mohan, Advocate.
For the Respondents:R1 to R4, K. Kannaiah Naidu, Advocate.

Judgment :-

1. The allegations found in the Claim Petition are as follows:

The first and second applicants are parents of Jalander aged 20 who was working under the first opposite party in a tractor bearing Regn.No.TN 20 M 8535. On 10.06.2005 while in the course of employment at about 12.00 when the tractor was coming from Kanambakkam to Konda Nellore, the vehicle going near Mugutha Chettiar land, the same was driven by the driver by name R.Vasu in a negligent manner and hence a jolt occurred resulting in Jalander falling down from the mud guard seat of the tractor and was run over by the tractor tyre. He was immediately taken to hospital where he was declared dead. He was earning a sum of Rs.4,000/-as wages per month under the employment of first opposite party. The case was registered in Crime No.161/2005 under Section 279 and 304A I.P.C., and the charge sheet was laid against the driver of the tractor. The vehicle was insured with the second opposite party which was valid from 08.07.2004 to 08.07.2005. The deceased was the only breadwinner of the family. Hence, a sum of Rs.5,00,000/-is claimed as compensation. The third and fourth claimants are minor sister and brother of the de














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