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2021 Supreme(Mad) 3053

S.VAIDYANATHAN
New India Assurance Co. Ltd. – Appellant
Versus
K. Parvathi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.M.Krishnamoorthy
For the Respondent: Mr.N.Manokaran

JUDGMENT :

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 07.12.2019 made in M.C.O.P.No.17 of 2017 on the file of the Motor Accidents Claims Tribunal, Special District Court, Erode.

This appeal has been filed by the Insurance Company, challenging the Award dated 07.12.2019 passed by the Motor Accident Claims Tribunal, Special District Judge, Erode in M.C.O.P.No.17 of 2017, directing the appellant/Insurance Company to pay the Claimants a sum of Rs.14,65,800/- as compensation for the death of the deceased Sadayappan @ Dhanapal due to the accident, which occurred on 03.08.2016. The Tribunal has awarded compensation of Rs.14,65,800/- on the ground that the entire policy conditions have not been produced by the Insurance Company. Respondent Nos.1 to 3/Claimants are the dependants of the deceased viz. Sadayappan @ Dhanapal.

2. The accident occurred on 03.08.2016 at about 4.00 am at Pennagaram to Hogenakkal Main Road. After the accident, a Criminal Case was registered by the Hogenakkal Police Station on the basis of the complaint given by one Lingeshwaran, who travelled in the car, witnessed the accident and wa

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