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2021 Supreme(Mad) 1214

R.SUBBIAH, SATHI KUMAR SUKUMARA KURUP
Bajaj Allianz Insurance Co. Ltd. – Appellant
Versus
Vimalarani W/o. Xavier Amulraj – Respondent


Advocates Appeared:
For the Appellant : Mr. S. Arunkumar.
For the Respondents: Mr.Ma.P.Thangavel.

JUDGMENT :

R. SUBBIAH, J.

This matter is heard through Video-Conferencing.

2. For the sake of convenience, appellant, in the appeal, is referred to as 'Insurance Company' and respondents 1 to 5, in the appeal, are referred to as 'Claimants'.

3. Questioning the finding rendered by the Tribunal in fixing the negligence on the part of the vehicle insured with the Insurance Company as well as the quantum of compensation awarded by the Tribunal in and by its judgment and decree dated 27.02.2019 passed in M.C.O.P.No.1993 of 2014 on the file of the Motor Accident Claims Tribunal, II Additional District Judge, Tiruppur, the Insurance Company has filed the present appeal.

4. Seeking enhancement of compensation awarded in the aforesaid judgment, claimants have filed the Cross Objection.

5. The brief facts of the case are as follows:

Claimants are wife, minor children and parents of the deceased Xavier Amulraj. On 06.12.2014 at about 1.40 p.m., while the deceased was riding a two-wheeler bearing Registration No.TN-39-BX-1630 on the Avinashi to Covai Main Road towards west, a Nisson Suuny Car bea

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