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2025 Supreme(Mad) 4057

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
Azhagesan – Appellant
Versus
K.V.P. Saminathan – Respondent


Advocates Appeared:
For the Appellants : Mr. A.A. Venkatesan.
For the Respondents: Mrs. N.B. Surekha.

JUDGMENT :

(M. DHANDAPANI, J.)

Challenging the judgment and decree dated 20.06.2013 made in I.A.No.358 of 2011 in MCOP.No.900 of 2005 on the file of the Motor Accident Claims Tribunal, Additional District Judge, Ariyalur, the claimants have come up with this appeal.

2. Mrs.N.B.Surekha, learned counsel takes notice on behalf of the 2nd respondent. In view of the consent expressed by the learned counsel on either side, this appeal is taken up for final disposal at the admission stage itself.

3. Since the 1st respondent remained exparte before the trial court, notice to the 1st respondent is dispensed with.

4. It is the case of the claimants that, on 23.12.2004 at about 7.00 am., when the deceased Suresh was proceeding in his TVS 50 vehicle bearing Regn.No.TN-46-B-0762 on the Jayankondam to Virudhachalam main road along with one Alagappan, at that time, the bus bearing Regn.No.TN-46-C-3341 owned by the 1st respondent, insured with the 2nd respondent driven by its driver came in a rash and negligent manner and dashed against the above said TVS 50 vehicle, due to which the deceased Suresh sustained fatal injuries and succumbed to the same. Thereby, the appellants, who are the dependents of t

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