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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI
National Insurance Company Limited – Appellant
Versus
P. Saravanan S/o Palaniyandi – Respondent
JUDGMENT :
P. VADAMALAI, J.
1. This Civil Miscellaneous Appeal is preferred against the award, dated 01.03.2024 passed in M.C.O.P.No.1784 of 2021 by the Motor Accident Claims Tribunal/Special District Court to deal with MCOP Cases, Madurai.
2. The appellant herein is the 2nd respondent/Insurance company in M.C.O.P.No.1784 of 2021. The 1st respondent herein is the petitioner/claimant and the respondents 2 to 7 are the 1st respondent and respondents 3 to 7 in M.C.O.P.No.1784 of 2021.
3. For the sake of convenience, the parties as arrayed in M.C.O.P.No.1784 of 2021 are adopted hereunder.
4. The brief facts of the case:
On 19.10.2019 at about 20.30 hours, the deceased Palaniyandi was walking along Karuppayurni to Sivagangai main road near R.K.Weighbridge from east to west by keeping the left side of the road. Whileso, the 1st respondent’s vehicle bearing registration number TN 63 AK 1978 coming from the opposite direction in rash and negligent manner dashed against the deceased. Due to the impact, the deceased sustained multiple grievous injuries all over the body. Immediately, he was admitted in the Government Rajaji Hospital, Madurai on 19.10.2019 and took treatment as an inpatient till 15
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