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2009 Supreme(Mad) 5862

N.KIRUBAKARAN
Selvi – Appellant
Versus
K. Alagarsamy – Respondent


Advocates Appeared:
For the Appellant : G. Prabhu Rajadurai
For the Respondent: C.R. Krishnamoorthy

JUDGMENT :

Kirubakaran, J.

This appeal has been filed by one of the claimants for enhancement as the appellant was aggrieved by the judgment and decree of the Tribunal in awarding only a sum of Rs. 1,44,000 (rupees one lakh forty-four thousand) to be paid by the owner. Further grievance of the appellant is that the award should have been made against the insurance company also. The deceased was travelling as a load man in respondent No. 1's vehicle (lorry) bearing registration No. TN 59-B 2601 which was proceeding towards Madurai from Kamudakkudi. The driver of the lorry drove the vehicle in a rash and negligent manner and with high speed and due to which the driver lost his control and the vehicle got capsized and the deceased died on the spot.

2. A claim petition was filed and the same was contested by the respondent No. 2 insurance company. After inquiry the Claims Tribunal awarded only a sum of Rs. 1,44,000 (rupees one lakh forty-four thousand) against the respondent No. 1 owner and the said award is challenged by the claimant.

3. Learned counsel for the appellant submitted tha















































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