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2008 Supreme(Mad) 4784

R.SUDHAKAR
Divisional Manager, United India Insurance Co. Ltd. – Appellant
Versus
S. Sowkath Ali – Respondent


JUDGMENT :

R. Sudhakar, J.

The insurance company has filed this appeal challenging the award dated 30.3.2007 made in M.C.O.P. Nos. 124 and 125 of 2005 on the file of Motor Accidents Claims Tribunal (Sub-Court), Hosur.

2. The brief facts relating to the accident are as follows:

It is a case of injury. The accident in this case happened on 17.12.2003. The injured Sowkath Ali, claimant in M.C.O.P. No. 124 of 2005 and Imtiaz, the injured-claimant in M.C.O.P. No. 125 of 2005 were travelling in an autorickshaw bearing registration No. TMR 1083 from Hosur to Nallur. When the autorickshaw was nearing Sithanapalli, at a curve, the driver of the autorickshaw drove the vehicle in a rash and negligent manner and lost control over the vehicle and it capsized. Due to the accident, the passengers Sowkath Ali and Imtiaz sustained grievous injuries. They were taken to the Government Hospital, Hosur, and thereafter, they were treated at Sanjay Gandhi Hospital at Bangalore.

3. The injured-claimant Sowkath Ali filed a claim in M.C.O.P. No. 124 of 2005 for compensation in a sum of Rs. 5,00,000 stating t





















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