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2007 Supreme(Mad) 1494

S.MANIKUMAR
National Insurance Co. Ltd. , rep. by its Branch Manager – Appellant
Versus
Mahadevan and Others – Respondent


Advocates Appeared:
S. Srinivasa Raghavan, for Appellant.
M. Ajmal Khan, For Respondents.

Judgment :

S. MANIKUMAR, J.

The Insurance Company, who suffered a decree for compensation of Rs. 3,65,000/- with interest at the rate of 7.5% per annum from the date of claim, has preferred this appeal.

2. Brief facts leading to the appeal are as follows:

On 15.7.2003 about 4.30 p.m., when the deceased Murugeswari and Selvarani were standing in the bus stop on Dindigul-Trichy main road, a lorry owned by the fourth respondent and insured with the appellant-Insurance Company came in a rash and negligent manner, dashed against them and both of them died on the spot. Two separate claim petitions were filed by the legal representatives of the deceased. As the claim petitions arose out of the same accident, both the petitions were taken up together, common evidence was let in and documents marked. As far as the claimants in the present appeal are concerned, the Tribunal awarded Rs. 3,65,000/- with interest at the rate of 7.5% per annum from the date of claim.

3. Heard Mr. Srinivasa Raghavan, learned counsel for the appellant and Mr. Ajmal Khan, learned counsel for the respondents.

4. Mr. Srinivasa Raghavan, learned counsel for the appellant submitted that in the absence of proof of avoc


































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