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2023 Supreme(Online)(MAD) 22968

HIGH COURT OF MADRAS
Hon`ble Mr Justice S.S. SUNDAR
M/S.NEW INDIA ASSURANCE – Appellant
Versus
T.PREMKUMAR – Respondent


COMMON JUDGMENT

SATHI KUMAR SUKUMAR KURUP, J.

The challenge in all these appeals is to the award of the learned III Additional District Judge, Motor Accident Claims Tribunal, Dharapuram at Tiruppur District in M.C.O.P. Nos.486, 488, 490, 492 & 494 of 2010 awarding compensation to the claimants who are either injured or dependants of victims of accident arising out of the same accident.

2.Brief facts that are necessary for the disposal of these appeals are as follows:

2.1.On 12.04.2010 at about 2.45 p.m., members of a joint family was travelling in a car. The car was driven by one Manoharan. When the car was proceeding towards West in the Karur to Coimbatore main road, a lorry belongs to second respondent in the claim petitions and driven by the first respondent in the claim petitions and insured by the appellant dashed against the car. The driver of the car by name Manoharan and three persons by name Tmt.Buvaneswari, Bharathi and Kalaivani died on the spot. Another passenger by name Dhivya also died in hospital. All the claim petitions are allowed by awarding compensation, fixing the liability jointly and severally against Driver, Owner and the insurer of lorry after holding that the a

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