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2010 Supreme(Mad) 3432

CHITRA VENKATARAMAN
New India Assurance – Appellant
Versus
Kavitha – Respondent


Advocates Appeared:
For the Petitioner:M.B. Raghavan, Advocate.
For the Respondents:R1 -P. Valliappan, Advocate, R2 & R5 – Ex parte.

Judgment :-

1. The Insurance Company is on Appeal challenging the award of the Tribunal, Particularly, its liability to pay the compensation to the Claimants in both the cases.

2. This is a case of fatal accident. The facts of the case are as follows:

On 05.08.2008, when the First Respondent in C.M.A.No.1372 of 2010 and the deceased Ayyanar concerned in C.M.A.No.1373 of 2010 were travelling in a two wheeler from Ayyarpalayam towards Vijayapuram, the vehicle belonging to the Second Respondent-School coming in the opposite direction dashed against the motor cycle, thereby caused severe injuries to the victims. The driver of the vehicle was prosecuted in Crime No.233 of 2008 on the file of Arumpavoor Police Station. Consequent on the injuries suffered, the injured Claimant contended that she is not able to carry on her business in the provisional stores, through which she was earning Rs.5,000/- per month. It is to be noted that the driver of the motor bike succumbed to the injuries. A Claim Petition was also made by the deceased dependants. The Second Respondent in the Claim Petition, the Appellant herein, contended driving of the motor cyclist and consequently, the liability cannot b









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