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2021 Supreme(Online)(MAD) 20243

HIGH COURT OF MADRAS
Hon`ble Mr Justice C. SARAVANAN
NATIONAL INSURANCE COMPANY L – Appellant
Versus
NANDHINI – Respondent


J U D G M E N T

Though the notice has been served on the respondents, there is no representation on behalf of them.

2. Insurance Company is the appellant in this Civil Miscellaneous Appeal. It is aggrieved by the impugned Judgment and Decree dated 19.02.2020 passed by the Motor Accidents Claims Tribunal (Special District Court for Motor Accident Claims Cases, Krishnagiri), Krishnagiri in M.C.O.P.No.533 of 2019.

3. By the impugned Judgment and Decree dated 19.02.2020, the Tribunal has awarded a sum of Rs.5,11,366/- as compensation together with interest at 7.5% per annum from the date of claim petition till the date of deposit to the respondents.

4. The appellant Insurance Company has filed this appeal primarily on the ground that the claim petition was filed under Section 163-A of the Motor Vehicles Act, 1988 by the dependents of the deceased who was a tortfeasor himself and therefore, liability cannot be fixed on the appellant Insurance Company under the policy. It is submitted that at best, as per Ex.R3 Insurance Policy, the liability that can be fastened in case of a death of the owner-cum-driver meeting an accident could be limited to Rupees one lakh in a case of P.A. cover. In th

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