Branch Manager, United India Insurance Co. Ltd. vs Jayamma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 1638

R. SAKTHIVEL
Branch Manager, United India Insurance Co. Ltd. – Appellant
Versus
Jayamma – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. I. Malar.

JUDGMENT :

R. Sakthivel, J.

[PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, praying to set aside the judgment and decree dated 11.02.2015 made in MCOP No.258 of 2008 on the file of MACT (PDJ) at Krishnagiri.]

Feeling aggrieved with the Award dated February 11, 2015 passed by the Motor Accident Claims Tribunal (Principal District Court), Krishnagiri in M.C.O.P.No.258 of 2008, the second respondent / Insurance Company preferred this Civil Miscellaneous Appeal.

2. For the sake of convenience, the parties herein will be referred to as per their rank in the Motor Claim Original Petition.

3. The case of the petitioners is that on July 11, 2007 at about 06.50 p.m., the deceased Pappiah was walking through Post Office Road, Barigal Town. At that time, a Lorry bearing Registration No.KA01-5495 belonging to the first respondent, hit Pappiah and caused injuries. Due to the injuries, Pappiah died on the spot. First petitioner is the wife and second petitioner is the daughter of the deceased Pappiah. According to the petitioners, the deceased earned a monthly income of Rs.6,000/- in Banana wholesale business. Accordingly, they filed a Motor Claim Original

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