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2008 Supreme(Mad) 4780

S.MANIKUMAR
Divisional Manager, The New India Assurance Company Limited – Appellant
Versus
Vinayaga Moorthi – Respondent


Advocates Appeared:
For the Appellant : B. Vijay Karthikeyan
For the Respondent: V. Kalyana Sundaram

JUDGMENT :

S. Manikumar, J.

Challenge in these appeals is with regard to liability of the appellant/Insurance Company to compensate the gratuitous passengers, who travelled in a Trailer bearing Registration No.TNZ5897. Out of 22 persons, who travelled in the Tractor to attend a funeral ceremony, 18 of them sustained injuries. They made separate claims. As the evidence let in was common, all the claim petitions were jointly tried and disposed of by a common judgment and decree dated 14.8.2007. Having regard to the nature of injuries sustained, 18 respondents/claimants were awarded Rs. 8,000/- each, in respect of four claim petitions, separate awards were made.

2. Assailing the common impugned judgment, Mr. B. Vijay Karthikeyan, learned Counsel for the appellant, relying on the judgments of the Supreme Court in Oriental Insurance Co. Ltd. Vs. Brij Mohan and Others, (2007) 7 SCC 56 ; National Insurance Company Limited v. Prema Devi and Ors. reported in 2008 (1) TN MAC 348; two unreported judgments of the Supreme Court, Civil Miscellaneous Appeal No. 7805 of 2002, National Insurance Company Limited v. Bhukya Tara and Ors., dated 8.5.2008, and National Insurance Company Limited v. Kaushala



































































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