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2008 Supreme(Mad) 2045

K.K.SASIDHARAN
Lakshmi – Appellant
Versus
N. A. Nasia – Respondent


Advocates Appeared:
For the Petitioners:T. Selvakumaran, Advocate. For the Respondents:R1, NDW, R2, A.S. Mathialagan, Advocate.

Judgment :-

These two civil revisions are directed against the order dated 01.08.2006 in I.A.Nos.344 and 345 of

2006 in M.C.O.P.No.878 of 2003, respectively, on the file of the learned Principal District Judge, Tirunelveli.

2. The claim petition in M.C.O.P.No.878 of 2003 has been preferred by the revision petitioners before the trial Court against the respondents claiming a compensation of Rs.4,00,000/- on account of the death of the bread winner of the family in the accident that occurred on 23.04.2003 involving the vehicle owned by the first respondent and insured by the second respondent. Even though the petitioners claimed a sum of Rs.17,05,000/-, the claim was restricted to Rs.4,00,000/- on account of their inability to pay the Court fee for the same.

3. The claim petition was resisted by the second respondent by filing counter, wherein they have admitted the insurance, but disputed the claim on various grounds, including the negligence of the deceased.

4. The matter was subsequently posted on 28.02.2005 for the purpose of enquiry. The first petitioner, being the wife of the deceased, was conducting the proceedings on behalf of the petitioners, as the petitioners 2 to 4 are minor
























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