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2022 Supreme(Mad) 2139

P. T. ASHA
Divisional Manager, M/s. National Insurance Company Limited, Puduchery – Appellant
Versus
P. Jagajothi – Respondent


Advocates appeared:
For the Appellant:J. Michael Visuvasan for M/s Gopalan & Co. For the Respondents:R1 & R6, M/s. Ramya V. Rao, R9, J. Chandran, Advocates, R8, No Apperace.

JUDGMENT

(Prayer: Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, as against the Decree and Judgment dated 15th March, 2017, passed in MCOP No.580 of 2011, by the Motor Accidents Claims Tribunal (Principal District Judge), at Cuddalore.)

1. The 2nd respondent/Insurance Company is the appellant before this Court, challenging the award passed in M.C.O.P. No.580 of 2011 on the file of the Motor Accident Claims Tribunal (Principal District Court) Cuddalore. The facts are briefly reproduced herein below necessary for appreciating the contentions raised by the appellant herein.

2. The respondents 1 to 6 herein who are the claimants before the Tribunal below are the legal representatives of late Bhoovaramoorthy's They are the wife, children and mother of the deceased. It is their case that the said Bhoovaramoorthy was working as a driver in Saudi Arabia and earning a sum of Rs.25,000/- per month. On 25.11.2010 when the deceased had come to India at about 15.00 hours, he was proceeding on the Vridhachalam to Chidambaram Main Road on a TVS Victor Motor Cycle bearing Registration No.TN-32-V-2778. When the vehicle had reached near Amdedkar Nagar, Bus Stop, a Skoda Car bearing

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