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2017 Supreme(Mad) 568

NOOTY.RAMAMOHANA RAO, S.M.SUBRAMANIAM
New India Assurance Company Ltd. – Appellant
Versus
Minor Andrew Paul – Respondent


Advocates Appeared:
For the Appellant : Mr. R. Sivakumar
For the Respondent: Mr. K. Varadha Kamaraj, Mrs. R. Sree Vidhya

JUDGMENT :

NOOTY.RAMAMOHANA RAO, J.

All these four Civil Miscellaneous Appeals are preferred by the New India Assurance Company Limited, the Insurer of a private Tourist Bus bearing Registration No.TN.23.AQ.6789.

2. The facts which are not in dispute are as follows:

(i) One Sri.Ramesh @ Ramakrishnamoorthy, his wife Sumithra @ Dexy Sunitha, their son Alen Paul, and their Domestic Help by name Uma were travelling in a Maruti Alto Car bearing Registration No.TN 02 R 9456, from Chennai to Bangalore on 23.05.2010. While they were on the stretch between Vellore and Ambur near about a Bus Stop, one half of the National Highway was closed for attending to certain maintenance works and consequently the road traffic on National Highway No.46 from North to South is diverted to the other half of the National Highway. It appears, the employees of National Highway Authority of India (NHAI) were helping the traffic flowing from North to South to get diverted on to the other half of the road to enable them to continue their further onward journey.

(ii) Just about that time, the Car driven by Mr. Ramesh has completed the task of entering the other half of the National Highway, and then there was a head


















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