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2021 Supreme(Mad) 1000

C.SARAVANAN
Regional Manager, Reliance General Insurance Co. Ltd – Appellant
Versus
Parimala – Respondent


Advocates Appeared:
For the Appellants : Mr. S. Arunkumar.
For the Respondent: Mr. S. Udayakumar.

JUDGMENT :

The insurance company is the appellant in this appeal. It is aggrieved by the impugned judgement and decree dated 16.2.2018 passed by the Motor Accident Claims Tribunal, Tiruttani in MCOP No. 155 of 2013.

2. By the impugned judgement and decree, the tribunal has awarded a sum of Rs.6,75,000/- as compensation under section 163A of the Motor Vehicles Act, 1988 to the claimants who are respondent No. 1-5 herein.

3. The impugned judgement and decree passed by the tribunal is sought to be assailed by the appellant insurance company purely on the ground that section 163-A of the Motor Vehicles Act, 1988 applies only to third party to and not to the wrong doer/Tortfeasor. It is submitted that the claimants have not discharged the burden of proof to fasten the liability on the appellant insurance company. It is further submitted that the Tribunal ought to have deducted one third towards personal expenses of the deceased.

4. Learned counsel for the appellant Insurance Company drew attention of this court to the decision of the Supreme Court in Ramkhiladi Vs United Insurance Co Ltd. [2020] 2 SCC 550 and submits that the present appeal filed by the Insurance Company deserves to be allo

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