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2010 Supreme(Mad) 5492

S.MANIKUMAR
Oriental Insurance Co. Ltd. , Coimbatore – Appellant
Versus
Rangammal – Respondent


Advocates Appeared:
For the Appellant :M. Rajasekar, Advocate.
For the Respondents:S.S. Swaminathan, Advocate.

Judgment :

S. MANIKUMAR, J.

1. Being aggrieved by the finding regarding negligence fixed oh the driver of the Van, bearing Registration No. TN 45 0126, owned by the third respondent and insured with the appellant-Oriental Insurance Company, Coimbatore, and the quantum of compensation awarded to the respondents 1 and 2, the present appeal has been filed by the appellant-Insurance Company. According to the appellant-Insurance Company, the claim petition itself is not maintainable, as the respondents/claimants were not dependents on the income of the deceased.

2 Facts leading to the appeal are as follows: Respondents 1 and 2/claimants, aged 57 and 50 years, claiming themselves to be the brother and sister of the deceased, have stated that on 15.8.2000, about 15.15 Hours, when their sister/deceased was walking on Metturpalayam to Nellidurai Road, near Amman Virunthinar Mandapam, in front of Sukku Coffee Shop, Mettupalayam, a van bearing Registration No. TN 45 0126, owned by the third respondent and insured with the appellant-Insurance Company, driven by its driver in a rash and negligent manner, came in the same direction, dashed against their sister, Marakkal and though she was given























































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