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2010 Supreme(Mad) 1244

R.BANUMATHI, M.VENUGOPAL
Oriental Insurance Company Limited, Coimbatore – Appellant
Versus
Minor Swapnalekha & Others – Respondent


Advocates Appeared:
For the Appellant :Arunkumar, Advocate.
For the Respondents:R5 - C. Anandaramani, R6 - G. Sankaran, R9 - N. Vijayaraghavan, Advocates.

Judgment :-

R.BANUMATHI, J.

1. In this appeal, Appellant/Insurance Company challenges the quantum of compensation of Rs.16,95,680/- awarded in M.C.O.P.No.1629 of 2001 on the file of Motor Accident Claims Tribunal (Subordinate Judge, Dharapuram) to the Claimants for the death of Balasubramanian in the road traffic accident on 17.1.2001 to the Claimants – daughters and parents.

2. The brief facts are that on 17.1.2001 at about 9.15 A.M, the deceased -Balasubramanian was riding his scooter TN 37B 4032 and his wife Shanmugasumathi Suganya was travelling as a pillion rider. They were proceeding towards east on the northern edge of the east west Coimbatore to Palakkad main road near Kuniamuthur Aruna Theatre in a minimum speed. At that time, the fifth Respondent drove the mini lorry bearing Registration No.T.N 33 T 2296 owned by the 6th Respondent -Kuniyamuthur Town Panchayat in a rash and negligent manner. The fifth respondent lost the control of the mini lorry and suddenly came to the main road and dashed against the Tata Sumo TN 38 C 4449 which was coming in the main road and then came to the edge of the road and dashed against the scooter of the deceased with great force. The deceas






























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