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2025 Supreme(Mad) 2623

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. SOUNTHAR
IFFCO Tokio General Insurance Co. Ltd. – Appellant
Versus
Thirumurugan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B. Siva Kolappan
For the Respondents: G. Lavanya, K. Kumaraguru, G. Lavanya, T. Saikrishnan

JUDGMENT :

1. These appeals are filed by the Insurance Company questioning the common awards passed by the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Nagapattinam, dated 24.03.2020 and 24.03.2020. Since 104 persons travelled in a Mini Bus and sustained injury from the same accident, all these claim petitions were taken up for hearing in two batches and disposed of by an award dated 24.03.2020 and 24.03.2020. Since the claim in these appeals are arising out of same accident, all these appeals are taken up together for hearing.

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

3. It is the case of the claimants that all of them travelled in a Mini Bus named Narmadha bearing registration No.TN-59N-0191 on 03.10.2017. When the Mini Bus was proceeding from South to North towards Nagapattinam, the same was driven by its driver in a rash and negligent manner. When the Mini Bus came near Sikkal-Ponveli, due to the rash and negligent driving of its driver, the Mini Bus got toppled and fell down into a Channel. The said accident resulted in injury to 104 passengers who travelled in the Mini bus. Hence, 104 separate claim petiti

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