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2015 Supreme(Mad) 2362

N.KIRUBAKARAN
Branch Manager, United India Insurance Co. Ltd. – Appellant
Versus
G. Parthiban – Respondent


Advocates Appeared:
For Appellant : Mr. T.Ravichandran
For Respondents: Mr. Mukund R.Pandian for R1 R2-Exparte

JUDGMENT

This Civil Miscellaneous Appeal has been filed by the Insurance Company as against the award of Rs.11,49,900/-, granted in favour of the claimant, for the injuries sustained by him in the accident, which occurred on 14.01.2007, when he was travelling as a passenger in the bus insured with the appellant. The award is challenged on the question of quantum as well as negligence.

2. Heard Mr.T. Ravichandran, learned counsel for the appellant and Mr.Mukund R. Pandian, learned counsel for the claimant/1st respondent.

3. Mr.T. Ravichandran, learned counsel for the appellant would, firstly, submit that the accident occurred as the claimant tried to get down from the moving bus, consequent to which, he fell down and sustained injuries. Therefore, the bus driver is, in no way, responsible for the accident. Secondly, he would submit that Rs.4000/-determined as the monthly income of a 17 year old boy is on the higher side, in the absence of any proof regarding income. According to him, the amounts awarded under other heads are also on the higher side. Therefore, the award amount has to be reduced.

4. On the other hand, Mr.Mukund R. Pandian, learned counsel for the 1st respondent/claim















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