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2011 Supreme(Mad) 2170

C.S.KARNAN
United India Insurance – Appellant
Versus
A. Vijaya – Respondent


Advocates appeared:
For the Petitioner: Appellant:G. Kathirvelu, Advocate.
For the Respondents:R1 - R. Manoranjithan, Advocate.

Judgment :-

1. The above Civil Miscellaneous Appeal has been filed by the appellant / United India Insurance Company Limited against the award and decree dated 28.11.2007, passed in M.C.O.P.No.1141 of 2004 on the file of the Motor Accidents Claims Tribunal, IV Small Causes Court, Chennai.

2. The short facts of the case are as follows:-

The victim was lying in front of his house on 22.11.2002 at about 02.10 hours, at that time, the respondent's Motorcycle bearing Registration No.TN02-K-5041 came in the wrong direction and ran over the neck of the victim, as a result, he had succumbed to his injuries. Hence, the mother of the deceased filed the claim petition against the respondent for a compensation a sum of Rs.5,00,000/- with interest.

3. The Insurance Company had filed a counter statement and opposed the claim petition. The respondent denied that the deceased was lying in front of his corridor, when at that time, the first respondent-motorcycle came in the wrong direction and ran over the neck of the deceased. The respondent further denied the age, income and occupation of the deceased besides the claim amount is excessive. The respondent had not furnished particulars pertaining to




















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