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2024 Supreme(Online)(MAD) 2264

HIGH COURT OF MADRAS
Honourable Mr.Justice K.RAJASEKAR
UNITED INDIA INSURANCE CO LTD – Appellant
Versus
DHANAVALLI – Respondent


JUDGMENT

This Civil Miscellaneous Appeal has been filed by the Insurance Company challenging direction to indemnify the first respondent, owner of the vehicle to pay compensation ordered in its award dated 06.01.2021 in M.C.O.P.No.2886 of 2017 on the file of MACT (I Additional District and Sessions Judge, Cuddalore.

2. For the sake of convenience, the parties are referred to herein according to their litigative status and rank before the Tribunal.

3. The case of the claimant is that the first claimant's husband namely Nagappan travelled in a tractor as a Loadman in the first respondent's tractor by sitting on the mud guard of the tractor. When the tractor was nearing the land of Sivaperumal, Annathanapettai, the driver of the tractor drove it in rash and negligent manner. As a result, the deceased fell down from the tractor and sustained fatal injuries. Subsequently he succumb to injuries. This was the cause of the death of the deceased Nagappan. The first petitioner is the wife of the deceased, the second and third petitioners were the sons of the deceased and the fourth petitioner is the mother of the deceased came for seeking compensation of Rs.10,00,000/-.

4. The first respondent

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