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2010 Supreme(Mad) 492

S.MANIKUMAR
New India Assurance Co. Ltd – Appellant
Versus
Unnmalai & Others – Respondent


Advocates Appeared:
For the Petitioners:M. Krishnamoorthy, Advocate.
For the Respondent:P. Satheesh Kumar, Advocate.

Judgment :-

1. Aggrieved by the award, dated 31.03.2008 made in M.A.C.T.O.P. No.83 of 2006 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Arni, the appellant-Insurance Company has preferred this Appeal.

2. Heard Mr. M. Krishnamoorthy, learned counsel appearing for the appellant and Mr. P. Satheesh Kumar, learned counsel for the respondents.

3. In an accident which occurred on 30.08.2005, son of the respondents 1 and 2, aged 20 years, died. The respondents 3 and 4, are the brother and sister of the deceased. They claimed compensation of Rs.7,00,000/-.

4. The appellant-Insurance Company resisted the Claim Petition on the ground that the deceased was not a cleaner in the lorry and therefore, the appellant is not liable to pay compensation. It was also contended that if the deceased was actually electrocuted as pleaded, the driver of the lorry, sitting in the cabin would have also felt the shock. They disputed the manner of accident, age and income of the deceased.

5. The Tribunal, on evaluation of pleadings and evidence, awarded Rs.2,58,104/-as compensation with interest at rate of 7.5% per annum from the date of Claim Petition till the date of realisation.


























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