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2018 Supreme(Mad) 3238

ABDUL QUDDHOSE
National Insurance Co. Ltd. – Appellant
Versus
B. Prabhakar – Respondent


Advocates:
Advocate Appeared:
M. Krishnamoorthy, K. Ayyadurai, N. Muthurajan, F. Terrychellaraja

JUDGMENT :

Abdul Quddhose, J.

The instant appeals have been filed by the Insurance Company challenging the common award dated 16.08.2010 passed by the Motor Accident Claims Tribunal, IV Court of Small Causes, Chennai in M.C.O.P Nos.1903 and 4217 of 2006.

2. The brief facts leading to the filing of the appeals are as follows:

(i) The 1st respondent in both the appeals were travelling as passengers in a bus bearing registration no.TN-27-P-9199, on 31.01.2006 and the said bus was owned by the 2nd Respondent and insured with the Appellant. The bus collided with a lorry bearing registration no.TN-22-Z-9747, which was carrying hot tar. Due to the collision between the bus and the lorry, the hot tar from the lorry spilled over the bus and on the road. Due to the accident, the 1st Respondent in both these appeals and some other passengers in the bus got down from the bus and they got trapped in the boiling tar and suffered burn injuries.

(ii) The 1st respondent in both these appeals preferred separate claims before the Motor Accident Claims Tribunal, seeking compensation for the injuries













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