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2025 Supreme(Mad) 2365

IN THE HIGH COURT OF JUDICATURE AT MADRAS 
Honourable Mr Justice M.DHANDAPANI
Branch Manager, Shriram General Ins. Co. Ltd. – Appellant
Versus
Vediyappan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms.C.Bhuvanasundari
For the Respondent: Mr.V.Kumaravelan Mr.S.Arun Kumar

JUDGMENT

This appeal is filed by the appellant Insurance Company challenging the Decree and Judgment dated 21.02.2020 passed in M.C.O.P.No.548 of 2017, on the file of the Motor Accident Claims Tribunal, Special District Court, Dharmapuri.

2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

3. The petitioner is the claimant, the respondents 1 and 3 are the owners of the vehicle and the respondents 2 and 4 are the Insurance Companies before the Tribunal.

4. The brief fact of the case are as follows:

According to the petitioner, on 30.05.2017, he was driving a Taurus Lorry bearing Registration No.TN 52 J 6676 on Hosur – Krishnagiri National Highway at about 03.00 hours near Kundarapalli over bridge, a Lorry bearing Registration No.TN 23 AP 5002 with tyre load was stopped in the road without any signal and the petitioner could not identify the parked lorry and stop his Taurus Lorry. As a result, the petitioner dashed behind the parked lorry bearing Registration No.TN 23 AP 5002. The petitioner sustained fracture of right tibia and fracture of calcaneus and he was admitted to the Government Headquarters Hospital, Krishnagiri. After first aid

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