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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K. RAMAKRISHNAN
Branch Manager, The New India Assurance Co. Ltd. – Appellant
Versus
A. Sathish – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to death in an accident. (Para 2) |
| 2. insurer's arguments regarding policy violation and liability. (Para 9 , 10) |
| 3. court's findings on insurance liability post-amendment. (Para 12 , 15) |
| 4. conclusion dismissing the appeal and confirming compensation order. (Para 16) |
JUDGMENT :
K.K. RAMAKRISHNAN, J.
The Civil Miscellaneous Appeal has been preferred by the Insurance Company against the award dated 19.09.2024 passed in M.C.O.P.No.100 of 2022 by the Chief Judicial Magistrate / Motor Accident Claims Tribunal, Sivagangai.
2. The respondents 1 to 3 / claimants have filed a claim petition in M.C.O.P.No.100 of 2022, claiming compensation for the death of one Kala, in an accident that took place on 07.09.2022. The Tribunal has awarded a sum of Rs.19,42,000/- (Rupees Nineteen Lakhs and Forty Two Thousand only) with interest at 7.5% per annum as compensation. Against which, the appellant / insurer has preferred this appeal.
For the sake of convenience and brevity, the parties herein after will be referred as per their status/ranking in the Tribunal.
3. A brief substance of the claim petition is as follows:
The deceased Kala was aged about 31 years and was w
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