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2011 Supreme(Mad) 4380

R.SUBBIAH
The United India Insurance Company Ltd. – Appellant
Versus
M. Thangavel – Respondent


Advocates Appeared:
For the Appellant:D. Bhaskaran, Advocate.
For the Respondents - R1 - R. Thiagarajan, Senior Counsel for M. Malar, Advocate.

Judgment :-

1. The United India Insurance Company Limited has come up with the present appeal, feeling aggrieved by the award dated 12.09.2008 passed by the Motor Accidents Claims Tribunal (Subordinate Judge), Ponneri, in M.C.O.P.No.24 of 2006, whereby the Tribunal has directed the insurance company to pay compensation to the victim, indemnifying the owner of the vehicle in question.

2. The case, in brief, is as follows:

The 1st respondent is the claimant before the Tribunal and according to him, on 01.04.2005, he travelled in a lorry bearing registration No.TME 2777 insured with the appellant insurance company and the driver stopped the lorry in a junction in order to facilitate the appellant to get down from the lorry. While he was getting down from the lorry, the driver moved the vehicle in a rash and negligent manner and in that process, the victim lost the balance and fell down and sustained injuries. Hence, the claimant has filed a claim petition before the Tribunal, claiming a sum of Rs.3,00,000/-as compensation contending that the driver of the lorry was solely responsible for the accident and as such, the owner of the vehicle, the 2nd respondent herein and the insurer of

























































































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