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2010 Supreme(Mad) 4521

S.MANIKUMAR
New India Assurance Co. Ltd – Appellant
Versus
S. Sivapathi – Respondent


Advocates Appeared:
For the Petitioner:K. Padmanabhan for C. Ramesh Babu, Advocates.
For the Respondents:R1 & R4 - R. Muralidaran, Advocate, R8 - ex Parte.

Judgment :-

1. In an accident which occurred on 19.01.2001, one Mr. G. Subramani died. His legal representatives claimed compensation of Rs.10,00,000/-. The Appellant-Insurance Company, disputed that the vehicle bearing Regn. No.TSG 6996 was not insured with them, at the time of accident. The 1st Respondent, the owner of the vehicle has remained ex parte, before the Tribunal.

2. Wife of the decreased examined herself as P.W.1 and P.W.2 is the eye-witness. Ex.P1 dated 19.01.2001, certified copy of the FIR, Ex.P2 dated 20.01.2001, certified copy of M.V.I. Report, Ex.P3, certified copy of the Post-mortem Certificate and Ex.P4, certified copy of judgment in STC No.1400/2001 of learned Judicial Magistrate No.1, Cuddalore were marked on the side of the Claimants/Respondents 1-7. No oral or documentary evidence was let in on behalf of the Appellant. The Tribunal framed two issues. (1) Whether the accident has occurred due to rash and negligent act of the car driver? (2) Whether the Petitioners are entitled to compensation. If so, whet amount?

3. Though, the Appellant-Insurance Company has disputed that the vehicle was not insured at the time of accident no specific issue has been framed
























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