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2011 Supreme(Mad) 1066

P.P.S.JANARTHANA RAJA
Royal Sundaram Alliance Ins. Co. Ltd. , represented by its Manager – Appellant
Versus
Amanullah – Respondent


Advocates Appeared:
For the Appellant:M/s. M.B. Gopalan, Advocate. For the Respondents: ------.

Judgment :-

1. When the appeal came up for admission, it is taken up for final disposal.

2. The appeal is preferred by the appellant Insurance Company against the judgment and decree dated 26.07.2010 made in MCOP.No.1439 of 2007 on the file of the Motor Accidents Claims Tribunal, Additional District Court, Krishnagiri.

3. Background facts in a nutshell are as follows:

The injured Amanulla met with a motor traffic accident on 13.03.2007 at about 09.30 hours. The said injured was travelling in a bus belonging to the State Transport Corporation bearing Registration No.TN-29-N-1714. The bus was proceeding in Krishnagiri-Hosur National Highways Road towards Hosur. When the bus was nearing Gurubarapalli Bus stop, opposite to I.B.P. Petrol Bunk at Gurubarapalli, at that time a lorry bearing Registration No. KA-01-AG-7799 came in a rash and negligent manner and hit the bus. Due to the same, the injured claimant sustained fracture and other grievous injuries all over the body resulting amputation of the right hand and claimed a compensation of Rs.10,00,000/-. The said lorry was insured with the appellant insurance company, who resisted the claim.

4.On pleadings the Tribunal framed the followi





















































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