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2015 Supreme(Mad) 3738

V.RAMASUBRAMANIAN, N.KIRUBAKARAN
National Insurance Company Ltd. – Appellant
Versus
L. Paulraj – Respondent


Advocates Appeared:
For the Appellant :Mr. S. Srinivasa Raghavan, Advocate.
For the Respondent:Mr. M.P. Senthil, Advocate.

JUDGMENT :

N. KIRUBAKARAN, J.

1. How an accident can play havoc in the life of a person could be well understood by this case.

2. The first respondent, on 06.05.2004, travelled along with his mini fishing boat in a mini lorry. The driver drove the lorry in a rash and negligent manner and the lorry capsized. In the accident, the first respondent suffered injuries all over his body, especially in the spinal cord. He is unable to sit, walk and cannot attend his day-to-day works. He was immediately admitted in Thiraviam Orthopaedic Hospital, Nagercoil and thereafter, shifted to Kerala Institute of Medical Sciences, where he took prolonged treatment as inpatient. Because of the injuries, the claimant suffered 100% disability and therefore, filed a claim petition which was contested by the third respondent appellant. However, the Tribunal held that the second respondent driver was rash and negligent in driving the mini lorry and fastened the liability on the third respondent appellant to the tune of Rs. 25,00,000/- (Rupees Twenty Five Lakhs only) even though the Tribunal determined the















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