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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice J. NISHA BANU, R. SAKTHIVEL
Managing Director, M/s.Cholamandalam MS General Insurance Company Limited – Appellant
Versus
Santhi – Respondent
| Table of Content |
|---|
| 1. tribunal awarded compensation of rs.53,48,200. (Para 1 , 2 , 3) |
| 2. details of the accident leading to the deceased's claim. (Para 4) |
| 3. defendant's counter-argument denying liability. (Para 5 , 6) |
| 4. tribunal's points of consideration regarding negligence. (Para 7 , 8) |
| 5. tribunal's decision on liability and compensation. (Para 9 , 10) |
| 6. arguments from both parties regarding compensation amounts. (Para 11 , 12) |
| 7. court's detailed analysis on negligence and compensation quantum. (Para 13 , 14 , 15 , 16 , 17) |
| 8. final dismissal of appeals confirming the tribunal's decision. (Para 18 , 19) |
JUDGMENT :
R. SAKTHIVEL, J.
Feeling aggrieved by the ‘Award dated July 21, 2023 passed in M.C.O.P.No.764 of 2021 by the 'Motor Accident Claims Tribunal, (Special District Court No.-II), Cuddalore' ['Tribunal' for short], the second respondent therein - Insurance Company has preferred C.M.A.No.521 of 2024 praying to set aside the Award, while the petitioners therein have preferred Cross Objection No.41 of 2024 praying to enhance the compensation. This Common Judgment will govern both, the Civil Miscellaneous Appeal and the Cross Objection.
2. For the sake of convenience, hereinafter, the pa
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