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2019 Supreme(Mad) 1332

J.NISHA BANU
Royal Sundaram Alliance Insurance Company Limited, Sundaram Towers, Chennai – Appellant
Versus
Jenitha Naveen @ Jenitha Begam – Respondent


Advocates Appeared:
For the Appellant :S. Srinivasa Raghavan, Advocate.
For the Respondent:C. Vakeeswaran, M. Prakash, Advocates

JUDGMENT :

(Prayer: Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the award, dated 14.09.2011, passed in M.C.O.P.No. 552 of 2006 by the Motor Accident Claims Tribunal/III-Additional Subordinate Court, Madurai.)

1. The appellant/Insurance Company has filed this appeal questioning the liability as well as the quantum passed by the Tribunal.

2. It is stated in the claim petition that on 23.08.2005 at 04.45 p.m. the claimant was travelling in the bus bearing Reg.No.TN-55-N-0306, owned by the 2nd respondent/Transport Corporation. While the bus was proceeding from south to north at Trichy-Madurai Main Road, a heavy vehicle lorry bearing Registration No.HR-63-A-4510 with trailer, owned by the 3rd respondent and insured with the appellant/Insurance Company, was coming from north to south direction. Both the vehicles had driven by the respective drivers in a rash and negligent manner with uncontrollable speed hugging to the centre of the Road. While so, the heavy vehicle hit against the side back portion of the bus. The iron angles projecting outside of the lorry penetrated the bus, due to which several passengers of the bus sustained multiple injuries, inclu












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