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2012 Supreme(Mad) 4937

M.VENUGOPAL
New India Assurance Co. Ltd. – Appellant
Versus
G. Selvi – Respondent


Advocates Appeared:
For the Appellant :Mr. S. Manohar, Advocate.
For the Respondent:Mr. V. Jaganathan, Advocate.

JUDGMENT :

M. Venugopal, J.

Appellant-respondent No. 2 (Insurance Company) has projected the instant civil miscellaneous appeal as against the award in M.C.O.P. No. 94 of 2011 dated 1.8.2011 passed by the learned Additional District and Sessions Judge (Fast Track Court), Vellore (Claims Tribunal).

2. The learned Additional District and Sessions Judge (Fast Track Court), Vellore (Claims Tribunal), while passing the award on 1.8.2011 in M.C.O.P. No. 94 of 2011 has, inter alia, observed that the petitioners have proved the case by letting in oral evidence and through Exhs. PI, P3 and P4. Though the respondent has stated that the deceased had invited the accident by crossing the road unmindful of the vehicular movement, there is no contra evidence on the side of the respondent to disprove the petitioners' case and resultantly, held that the accident took place due to rash and negligent driving of the driver of the lorry owned by the respondent No. 1 bearing registration No. TN 23-AB 7719.

3. Further, it is also observed that the respondent No. 1, who is the owner of the offending vehic









































































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