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2025 Supreme(Online)(MAD) 15241

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
Divisional Manager, National Insurance Company Ltd – Appellant
Versus
Annamalai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.D.Bhaskaran
For the Respondent: Mr.K.G.Senthil Kumar [R2] Mr.S.L.Venkatesan [R4]

JUDGMENT :

Challenging the award dated 05.06.2020 passed by the Motor Accidents Claims Tribunal (Subordinate Judge), Cheyyar in M.C.O.P.No.49 of 2014, the Insurance Company has come up with the above Appeal.

2. On 22.02.2014, about 5.45 p.m., while the deceased Chinnaponnu was travelling as a pillion rider in a two wheeler bearing Regn.No.TN-25-AV-2290, being driven by one Subramani, on Malayampattu Koot Road from Arani to Polur, near Kalambur, a car bearing Regn.No.TN-07-BS-7936, belonging to the 1st respondent, which was insured with the 2nd respondent, driven by its driver in a rash and negligent manner, dashed against the two-wheeler, due to which Chinnaponnu sustained grievous head injury. Immediately, Chinnaponnu was admitted in Government Hospital, Arni and there, she was referred to Government Hospital, Vellore. While on the way to Government Hospital, Vellore, Chinnaponnu died. Aggrieved by the death of Chinnaponnu, respondents 1 and 2, who are her aged parents, filed a Claim Petition in M.C.O.P.No.49 of 2014 seeking a sum of Rs.9,00,000/- as compensation.

3. Before the Tribunal, on behalf of the claimants, P.W.1 and P.W.2 were examined and eight documents viz., Ex.P.1 to Ex.

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