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2013 Supreme(Mad) 1938

R.BANUMATHI, T.S.SIVAGNANAM
Oriental Insurance Co. Ltd. , Pudukottai – Appellant
Versus
Chandra – Respondent


Advocates:
Advocate Appeared:
For the Appellants:N. Vijayaraghavan, Advocate.
For the Respondents:R1 to R4, M. Selvam, Advocate.

Judgment :-

R. Banumathi, J.

1. Being aggrieved by the award of compensation of Rs.25,76,336/- for the death of deceased Sivakumar in the road traffic accident, Appellant-Insurance Company has filed C.M.A.No.1357 of 2010. Being dissatisfied with the quantum of compensation, dependents of deceased Sivakumar have filed Cross Objection No.52/2013 claiming enhancement of compensation. Since both the Appeal and Cross Objection arise out of the same order and the points for determination are one and the same, both the Appeal and Cross Objection were heard together and shall stand disposed of by this Common Judgment.

2. Brief facts are that on 25.10.2006, deceased Sivakumar and his three friends were returning in Maruthi Esteem car bearing registration No.TN-09-M 2706 from Pondicherry to Chennai after attending betrothal function at Pondicherry. When the car was nearing Sambuvelli street, Marakkanam at about 4.00 A.M., the bus bearing registration No.PY-01-Z 9697 owned by the 5th Respondent proceeding in the same direction stopped all of a sudden and the car rammed into the bus. Due to the impact, the driver of the car, Sivakumar and the other occupants have sustained grievous injuries and






































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