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2017 Supreme(Mad) 2390

R.SUBBIAH, A.D.JAGADISH CHANDIRA
ICICI Lombard General Insurance Company Limited, Rep. by its Branch Manager – Appellant
Versus
Uma Maheswari – Respondent


Advocates Appeared:
For the Appellant : Ms. R.Sree Vidhya
For the Respondent: Mr. C.Prabakaran

JUDGMENT :

A.D.JAGADISH CHANDIRA, J.

This Appeal has been filed by the Insurance Company, challenging the judgment and decree passed by the Tribunal holding that the accident had occurred solely due to rash and negligent driving on the part of R.W.1, driver of the vehicle belongs to the 6th respondent herein, insured with the appellant herein and directing the appellant to pay compensation to the respondents/petitioners 1 to 5.

2. Brief facts leading to the filing of the M.C.O.P.No.2 of 2011 on the file of the Motor Accident Claims Tribunal, Dharmapuri (Principal Sub-Judge, Dharmapuri) is that while on 11.08.2010 at about 7.05 p.m., the deceased, who is the husband of the first respondent and the father of the respondent 2 to 4 and son of the 5th respondent, was returning to his home by riding his motor cycle bearing registration No. TN 29 AZ 5788, nearby PMP College Junction Road in Salem to Krishnagiri Road, an Indica Car bearing registration No.TN 28 AB 5271 belonging to the 6th respondent and insured with the appellant was coming from Salem to Krishnagiri, and it was driven














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