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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K. RAMAKRISHNAN
Divisional Manager, United India Insurance Company Ltd. – Appellant
Versus
Sakthi – Respondent
| Table of Content |
|---|
| 1. accident details and claimant's injuries (Para 3) |
| 2. insurer's defense and claimant's evidence (Para 4) |
| 3. legal arguments regarding insurer liability (Para 8) |
| 4. court interpretation of pay and recovery provisions (Para 11 , 12) |
| 5. final ruling and instructions to insurer (Para 15) |
JUDGMENT :
The Civil Miscellaneous Appeal has been preferred by the Insurance Company against the award dated 16.04.2025 passed in M.C.O.P.No.1319 of 2023 by the Special Subordinate Judge / Motor Accident Claims Tribunal, Thanjavur.
3. The second respondent / first respondent, owner of the vehicle, remained ex-parte before the Tribunal and the claim petition was opposed by the appellant / insurer.
5. Before the Tribunal to prove their case, the first respondent/claimant has examined himself as P.W.1 and exhibited 8 documents as Ex.P.1 to Ex.P.8. The appellant / insurer has examined 1 witness as R.W.1 and exhibited 6 documents as Ex.R.1 to Ex.R.6. The disability certificate was exhibited as Ex.C.1.
7. It is pertinent to note that the appellant / insurer has not challenged the finding of the Tribunal that the accident had occurred only due to the rash and negligence driving of the two wheeler ri
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