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2010 Supreme(Mad) 1307

M.VENUGOPAL, R.BANUMATHI
New India Assurance Company Limited – Appellant
Versus
K. Maragatham & Others – Respondent


Advocates Appeared:
For the Appellant:K.S. Narasimhan, Advocate.
For the Respondents:R1 to R4, V. Vijayashankar, M. Mani, M. Maruthapandian, Advocates.

Judgment :-

R. Banumathi, J.

1. In these Appeals, Appellant-New India Assurance challenges the award of compensation for the death of persons traveled in the Mahendra zeep bearing Registration No.KL-11-E-5493 due to hit by the Lorry bearing Registration No.KL-7-N-4921 and the quantum of compensation awarded to the dependants of deceased persons and also the injured claimants. Since all the Appeals arise out of common judgment involving common points for determination, all Civil Miscellaneous Appeals shall stand disposed by this common judgment.

2. The brief facts leading to the filing of the Appeals are that on 11.4.1997 at 3.15 a.m., the deceased persons and injured claimants were traveling in a private Jeep bearing Reg. No.KL-11-E-5493 to go to Sabarimalai from Kuttipuram in Guruvayur public road from north to south. At that time, the container Lorry bearing Regn. No.KL-7-N-4921 came from the opposite direction, driven in a rash and negligent manner and hit against the Jeep, as a result the Jeep was overturned and 4 persons viz., Krishnan alias Allakrishnan, Palani, Dhamodaran, S. Arumugam and driver in the Jeep died and 2 persons sustained injuries. Regarding the accident, a Crim


























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