IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.01.2020 CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and M.P.No.1 of 2012 The National Insurance Company Ltd., Rep. Its Regional Manager, No.19, Officer's Line, Opp. Lakshmi Theatre, Vellore-1.

.. Appellant Vs.

1. S.Kavitha

2. M.V.G.Prasad Reddy .. Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 28.02.2007 made in M.C.O.P.No.253 of 2004, on the file of Motor Accidents Claims Tribunal (Subordinate Judge), Gudiyatham.

For Appellant : Mr.D.Bhaskaran For Respondents : Mr.K.A.Ravindran - For R2

J U D G M E N T

This Civil Miscellaneous Appeal has been filed by the appellant Insurance Company against the award and decree dated 28.02.2007 made in M.C.O.P.No.253 of 2004, on the file of Motor Accidents Claims Tribunal (Subordinate Judge), Gudiyatham.

2.Brief facts which are necessary for disposal of this appeal are as follows:-

On 02.05.2004 at about 10.50 A.M., when the claimant/first respondent and others were travelling in a TATA Sumo bearing Registration No.AP 03 G 5119, from Paradarami to Tiruppathi near Cystain Factory in between Chandragiri to Ithepalli