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HIGH COURT OF MADRAS
S.Kannammal, J
Vahida Banu – Appellant
Versus
M/s.Parveen Travels (P) Ltd. – Respondent
| Table of Content |
|---|
| 1. accident's occurrence and circumstances (Para 1 , 2 , 3) |
| 2. absence of defense from major respondent (Para 4 , 5) |
| 3. insurance company's burden of proof (Para 6 , 10 , 11 , 12) |
| 4. calculation and basis of compensation (Para 16 , 18 , 22) |
| 5. final decision in overruling tribunal dismissal (Para 17 , 23) |
JUDGMENT
The appellants are the legal heirs of the deceased Hidayath Ali, who died in a road accident that had taken place on 19.12.2010. The claim petition in M.C.O.P.No.270 of 2011 filed by the appellants herein, seeking compensation for the death of Hidayathi Ali, was dismissed by the Tribunal which has given rise to the filing of the present Civil Miscellaneous Appeal.
2. According to the appellants, the deceased Hidayath Ali was employed as a Cook and was earning a sum of Rs.500/- per day. On the fateful day, on 19.12.2010, at about 01.10 hours, the deceased was walking on the 100 Feet Road, near Oorandi Amman Street, Velacherry after finishing his work. The deceased was accompanied by his friend Amjathkan and while they were walking together, the deceased crossed the road to purchase cigarette. As the deceased did not turn-up even after a considerable length of time
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