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2015 Supreme(Mad) 2217

V.DHANAPALAN, S.VAIDYANATHAN
United India Insurance Co. Ltd. – Appellant
Versus
Marathal – Respondent


Advocates Appeared:
Mr. T. Ravichandran, Advocate for the Appellant
M/s. Saravabhauman Associates, Advocate for the 1 and 2 Respondents
Mr. G. Masilamani, Amicus Curiae

Order

V. Dhanapalan, J.

On 10.4.2015, when this matter was listed for hearing, this court passed the following order:

"Heard Mr. G. Masilamani learned senior counsel who has been appointed as amicus curiae by this Court, He has taken us through the legal position, the law laid down by the Supreme Court in various decisions and more particularly, the distinction between the decisions of the Supreme Court in Amrit Bhanu's Shali's case (Amrit Bhanu Shali vs. National Insurance Company -2012 ACJ 2002 (SC) : 2012 (11) SCC 735) and Kanhsingh's case (Kanhsingh and another Vs. Tukaram and others), in which decisions the Supreme Court has taken different yardsticks for applying the multiplier in the motor accident cases. He also relied upon the general principles by deriving the sources from the common law to the statutes and also as to how it has to be interpreted in the judgments with reasons otherwise and which are all the factors to be taken into account while deciding this appeal. He also highlighted upon as to the application of which preposition of law laid down by the Supreme Court and by which Bench, taking into consideration the facts and circumstances of this case. We have given our
































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