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2025 Supreme(Online)(MAD) 1165

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
M.krishnan – Appellant
Versus
Supriya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.E.Ravichandran
For the Respondent: Mr.Mariappan for RR-1 to 4 Mr. K.Vinod for R-6 No Appearance for R-5

JUDGMENT :

1. The owner of the vehicle is before this Court by filing this appeal aggrieved by the judgment of the Tribunal in and by which the Tribunal has fastened the liability on the owner of the vehicle to pay the compensation to the claimants, viz., respondents 1 to 4 for the death of the deceased by holding that the policy at the hands of the owner is not one, issued by the insurer, viz., the 6th respondent herein and, therefore, the insurer is not liable to compensate the claimants.

2. The brief facts necessary for the disposal of this appeal are as under :-

On 4.11.2015 at about 20.00 hours, while the deceased was riding his two wheeler bearing Regn. No.TN-24-F-6014, it is alleged that the tractor bearing Regn. No.TN-24-Y-4507 was parked in the middle of the road without any indicator light or any sort of signal, thereby obstructing the free flow of traffic, due to which the two wheeler driven by the deceased dashed with the tractor in which the deceased sustained grievous injuries. Though the deceased was initially taken to the Government Hospital, Hosur, thereafter, the deceased was sought to be moved to a private hospital for better medical management, but enroute the dece

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