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2018 Supreme(Mad) 1017

S.RAMATHILAGAM
National Insurance Co. Ltd. , Rep. By its Branch Manager, Karur – Appellant
Versus
Mallika – Respondent


Advocates Appeared:
For the Appellant :S. Arunkumar, Advocate.
For the Respondent:T. Ravichandran, Advocate.

JUDGMENT :

1. The present appeal has been preferred by the Insurance Company/appellant as against the award made in MCOP No.738 of 2004, dated 13.03.2006, on the file of Motor Accidents Claims Tribunal, Additional District Judge, Dharmapuri at Krishnagiri.

2. The brief facts leading to the filing of the claim petition are as under :-

On 19.06.2004 at about 5.30 hours, while the deceased was driving the tempo behind the bus bearing Registration No.TN 47 F 4793 belonging to the 8th respondent, which was insured with the appellant, the driver of the bus in a rash and negligent manner, abruptly stopped the bus before the bus stop. Due to the said sudden act, the driver of the tempo, viz., the deceased, applied sudden brake. Inspite of the same, the tempo dashed against the back side of the bus due to which the driver of the tempo sustained multiple grievous injuries. Immediately, the driver of the tempo was taken to the Government Hospital at Pallapattai. However, inspite of treatment, the deceased succumbed to the injuries. The legal representatives of the deceased filed the claim










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