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2001 Supreme(Mad) 229

P.SHANMUGAM, A.SUBBULAKSHMY
Oriental Insurance Co. Ltd. – Appellant
Versus
Kousalya Kawar – Respondent


Advocates Appeared:
Mr.M.B. Raghavan, Advocate for Appellants. Mr.M.S.Swamikkannu, Advocate for Respondents.

Judgment :

P. Shanmugam, J.

1. The Insurance Company/respondent before the Motor Accidents Claims Tribunal (M.C.O.P. No.3761 of 1998) is the appellant in C.M.A.No.1640 of 2000 and third respondent in C.M.A.No.2 of 2001 filed by the claimants for enhancement of compensation.

2. Themotor accident claim arises under the following circumstances: The first claimant's husband, deceased Shanthilal, while travelling in a car bearing Regn. No.TN-20-3015 from Chennai to Arcot on 14.12.1997 at 9.45 a.m., was involved in a head-on collision with a lorry bearing Regn. No.TN-1-GB-3060 near Kancheepuram. Shri Shanthilal and another passenger of the car along with the driver died on the spot. The legal representatives of the deceased Shanthilal as claimants 1 to 4 have filed O.P.No.3761 of 1998 claiming a compensation of Rs.76,00,000. The Tribunal granted an award of Rs.23,64,000. Aggrieved by this, the Insurance Company, who have obtained permission under Section 170 of the Motor Vehicles Act to defend the case on merits, have filed this appeal.

3. Learned counsel appearing for the appellant seriously disputed the quantum of compensation awarded as one grossly disproportionate and excessive and











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