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2014 Supreme(Mad) 1200

S.MANIKUMAR
Royal Sundaram Alliance Insurance Co. Ltd. – Appellant
Versus
D. Gunasekaran – Respondent


Advocates Appeared:
For the Appellant :S. Manohar, Advocate.
For the Respondents:R1 to 23, U.M. Ravichandran, R24, A. Rajendirean, Advocates.

Judgment :

1. It is the case of the claimants that on 18.06.2005, about 4.30 A.M., when eight women travelled in a Mini Lorry, bearing Registration No.TN 20 AA 2865, from Andersonpet to Tiruvallur, along with mangoes in baskets, near Vengathur, due to the rash and negligent driving of the driver of the Mini lorry, the vehicle dashed against a tamarind tree. Four women died on the spot and four women were injured. Out of the four injured, one died lateron. A complaint has been lodged by one Murugesan, in Crime No.299 of 2005, under Sections 279, 337, 338 and 304 (A) IPC., against the driver of TATA 407 Van, on the file of Manavalan Nagar Police Station. Legal representatives of the deceased and the injured, filed separate claim petitions, claiming compensation.

2. The owner of the vehicle, in his counter affidavit, submitted that when his Mini lorry, was returning to Thiruvallur, after unloading vegetables, near Vellavadu, a group of ladies, with their mango basket stopped the vehicle and boarded the lorry, with mangoes, in baskets to go to Thiruvallur and near Vengathur, the driver lost his control and dashed against a tree and thus, caused the accident.

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