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2025 Supreme(Mad) 2619

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR, J
Divisional Manager, The United India Insurance company Limited – Appellant
Versus
A.Lakshmi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.J.Chandran
For the respondents: M/s.Ramya V.Rao

JUDGMENT :

S.SOUNTHAR, J.

The Civil Miscellaneous Appeal is filed challenging the award passed by the Motor Accident Claims Tribunal, Special District Court, Cuddalore by the insurance company.

2. It was the case of the respondents 1 to 5/claimants 1 to 6 that the husband of the first claimant, father of the claimants 2 to 5 and son of the deceased 6th claimant namely Azhagesan died in a road accident that had taken place on 10.07.2020. According to the claimants, the deceased was driving his two-wheeler in Cuddalore to Vridhachalam main road. When he came near V.Sathamangalam new bus stand, an Ashok Leyland goods carrier belonged to the 6th respondent, insured with the appellant came in a rash and negligent manner and dashed against the two-wheeler. As a result of the accident, the deceased sustained grievous injuries and died. Therefore, the claim petition was filed seeking compensation of Rs.50,00,000/-

3. The 6th respondent remained exparte before the Tribunal and the claim petition was contested only by the appellant/ insurance company, on the ground that the accident had occurred only due to the rash and negligent driving of the deceased.

4. The Tribunal, based on the evidence of


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