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2018 Supreme(Mad) 4136

V.M.VELUMANI
Manager, The Branch Office, United India Insurance Co. Ltd. , Rasipuram – Appellant
Versus
C. Nithya – Respondent


Advocate Appeared:
For the Appellant:G. Prabhu Rajadurai, Advocate.
For the Respondents:Nirmal Kumar for M/s. Ajmal Associates, Advocates

JUDGMENT :

This Civil Miscellaneous Appeal has been filed against the award dated 30.04.2012, made in M.C.O.P.No.117 of 2007 on the file of the Motor Accident Claims Tribunal, Kulithalai.

2. The appellant Insurance Company is the second respondent in M.C.O.P.No.117 of 2007 on the file of the Motor Accident Claims Tribunal, Kulithalai. The respondents 1 and 2 are the claimants and the third respondent is the mother of the respondents 1 and 2 and owner of the Car involved in the accident.

3. According to the respondents 1 and 2, they were travelling in the Car belonging to the third respondent on 27.01.2007. At that time, it was raining and visibility was very poor and hence, the driver of the Car/father of the respondents 1 and 2 and husband of the third respondent was driving the same carefully adhering to the traffic rules. Due to Act of God, the Car dashed against the Tree on the left side of the road and he died in the accident. The deceased was working as driver of the third respondent. The deceased was aged 43 years and was earning Rs.6,000/- per month and Rs.50/- per day as Batta. The third respondent is also entitled to compensation, as she lost both her husband and the travell




























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