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2024 Supreme(Online)(MAD) 19287

HIGH COURT OF MADRAS
Hon`ble Mr.Justice SUNDER MOHAN
The Branch Manager – Appellant
Versus
Bagawathi – Respondent


JUDGMENT

The insant appeal has been preferred challeing the finding on negligence and the quantum of compensation awarded to the respondents.

2. The respondents 1 to 4 had filed the claim petition stating that on 26.06.2019, while the deceased was riding a two wheeler, in which, P.W.2 travelled as a pillion rider, the car owned by the sixth respondent, insured with the appellant herein, came in a rash and negligent manner and caused the accident, as a result of which, the deceased sustained fatal injuries.

3. The sixth respondent who is the owner of the car remained exparte before the Tribunal.

4. The appellant who was shown as the second respondent before the Tribunal, filed a counter stating that the driver of the car insured with them did not have valid licence; that the accident took place due to the negligence of the driver of the car and that the deceased, in any case, is liable for contributory negligence for not wearing helmet and therefore, sought for dismissal of the claim petition.

5. The claimants examined three witnesses on their side as P.W.1 to P.W.3 and marked documents Exs.P.1 to 13. The appellant examined R.W.1 and marked documents Exs.R.1 to R5.

6. The Tribunal, after

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