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2010 Supreme(Mad) 592

R.SUBBIAH
Cholamandalam MS General Insurance – Appellant
Versus
Veerasamy – Respondent


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

Judgment :

1. This Appeal is filed by the Insurance Company as against the award dated 25.3.2008 passed by the Motor Accident Claims Tribunal (Subordinate Judge), Mettur, in M.C.O.P. No.17 of 2007, whereby the appellant-Insurance Company was directed to pay the compensation amount to respondent Nos.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 parents of the deceased Manoj On 4.8.2005, while the said manoj was riding his TVS 50 bearing registration No.TN-27-T-0569 from his house to Mettur along with his friend, another Motor Cycle bearing registration No.TN-27-U-1619 driven by the 3rd respondent came in a rash and negligent manner from the opposite direction and dashed against the TVS 50 and as a result of which, both were thrown out of the vehicle and had sustained grievous injuries and were immediately admitted in the Government Hospital and in spite of treatment, the said Manoj died on 9.8.2005. Hence, respondent Nos.1 and 2 have made a claim for a sum of Rs.10 Lakhs as compensation for the death of the deceased

























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