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2024 Supreme(Online)(MAD) 11899

HIGH COURT OF MADRAS
Honourable Mr Justice RMT. TEEKAA RAMAN
THE DIVISIONAL MANAGER – Appellant
Versus
RAJALAKSHMI – Respondent


J U D G M E N T

The appellant/Insurance company has filed the present appeal challenging the award passed by the Tribunal dated 28.10.2020 made in MCOP No.3199 of 2015 on the file of the Motor Accidents Claims Tribunal, (I Additional District & Sessions Judge), Cuddalore on the ground of negligence as well as quantum.

2. The respondents 1 to 4 are the legalheirs of the deceased Krishnan who died in the road accident on 08.08.2015. According to the respondents 1 to 4, on the date of accident, at about 17.30 hrs. while the deceased was driving the Ambulance bearing Regn.No.TN24 G 0102 on the Vaitheshvaran Koil to Mailaduthurai Main Raod, near Aathukkudi Vaitheshwara Maha Vitheyalaiya School opposite, the Eicher Goods Carriage Vehicle bearing Regn.No.TN37 AL 2615 which was driver in rash and negligent manner, hit against the ambulance and cause the accident. In the said accident, the deceased Krishnan sustained grievous injuries overhis head and all over the vital part of the body. Inspite of treatment, the deceased succumbed to injuries. Hence, the respondents 1 to 4 filed the claim petition claiming compensation.

3. The appellant/insurance company filed counter statement alleging that

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