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2023 Supreme(Online)(MAD) 20991

HIGH COURT OF MADRAS
Hon`ble Mr Justice M.DHANDAPANI
THE BRANCH MANAGER – Appellant
Versus
DIWAKAR MINOR REP. BY HIS – Respondent


COMMON JUDGMENT

Since the issue arises in the appeals are one and the same, the same are disposed of by way of this common order.

2. The Insurance Company has come forward with these appeals, as against the judgment and decree dated 26.08.2013 in MCOP. Nos.49 and 50 of 2012 on the file of the Motor Accident Claims Tribunal, Perundurai (Sub-ordinate Court, Perundurai).

3. It is the case of the appellant that on 15.09.2011, the respective first respondent travelled in a Maruti Omni Van bearing Registration No.TN 39 C 5959, owned by the third respondent, which was driven by the second respondent and insured with the appellant insurance company to Tirupati. When they were travelleing near Palamner-Kuppam National Highways at about 5.00 am, the second respondent driven the vehicle in rash and negligent manner and dashed against the tamarind tree, which resulted in the respective first respondent in both the cases, have sustained grievous injuries and thereafter admitted in hospital and taken treatment. Thereafter, the first respondent have filed claim petitions before the Motor Accidents Claims Tribunal. The Tribunal considering the pleadings, oral and documentary evidence, passed award o

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