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2024 Supreme(Online)(MAD) 12992

HIGH COURT OF MADRAS
Hon`ble Mr Justice R. SUBRAMANIAN
The Divisional Manager – Appellant
Versus
Latha – Respondent


C O M M O N J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

All these three appeals arise out of the same accident which occurred on 04.11.2012.

2. According to the claimant, when the deceased Vijayakumar was riding his two-wheeler bearing Reg.No.PY-01-AG-3903 with his wife and minor child Pooja Sri, aged 8 years on the Tindivanam – Villupuram bye- pass road, a lorry belonging to the 2nd respondent bearing Reg.No.TN-31- AE-3850 driven by its driver in a rash and negligent manner dashed against the two-wheeler. As a result of the impact, both the rider Vijayakumar and the minor child Pooja Sri sustained grievous injuries and died on the spot. The wife of the rider Latha survived with grievous injuries. Attributing negligence on the part of the lorry as the cause of the accident, the claimant sought for compensation.

3. Three independent claim petitions were filed. In MCOP.No.193 of

2013 subject matter of CMA.No.490 of 2024, the claimant sought for a compensation of Rs.58,25,000/-. The quantum was sought to be justified by contending that the deceased was running a hardware shop at Maduruntakam and was earning Rs.40,000/- per month. In view of the untimely loss,

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