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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 :
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.
For the sake of convenience and brevity, the parties herein after will be referred as per their status/ranking in the Tribunal.
The deceased Kala was aged about 31 years and was working as a load woman and was earning Rs.20,000/- per month. On 07.09.2022 at about 08.30 a.m., the deceased Kala was travelling as a load woman in a lorry bearing Registration No.TN-69-AH-4848 and near Sooranam, due to the rash and negligent driving of the lorry driver, the vehicle got capsized and as a result, the deceased Kala fall under the lorry and died on the spot. The claim petition was filed by the claimants seeking compensation to the tune of Rs.50,00,000/-.
5. A bri
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