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2016 Supreme(Mad) 4132

R.SUDHAKAR, S.VAIDYANATHAN
New India Assurance Co. Ltd. – Appellant
Versus
P. Arunachalam – Respondent


Advocates Appeared:
For the Appellant :Mr. J. Chandran, Advocate.
For the Respondent:Mr. N.M. Muthurajan, Advocate.

JUDGMENT :

S. VAIDYANATHAN, J.

1. Challenging the judgment and decree dated 10.10.2014 passed by the Motor Accidents Claims Tribunal (Small Causes Court II Judge) in M.C.O.P.No.2357 of 2013, the appellant Insurance Company has come up with this appeal.

2. In this case, the husband of the deceased is the driver of the offending vehicle. The accident had occurred on 09.11.2012, about 8.45 hours, when the deceased viz. Vijayalakshmi was travelling as a pillion rider in the Motorcycle bearing Registration No. TN 07 BR 1141, driven by her husband/the 5th respondent herein, while on the way from their residence to a Temple, along 7th Main Road, Dhandeswaran Nagar, Velachery, near the junction of 3rd Avenue. It so occurred, when the 5th respondent drove the vehicle in a rash and negligent manner and turned towards his right, without noticing the proper sitting posture of the pillion rider, thereby, the pillion rider fell down, sustained fatal injuries and died on the same day. The claimants 2 and 3 are the minor daughters of the deceased and claimants 1 and 4 are the father-in-law and mo
























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