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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
The New India Assurance Company Ltd. – Appellant
Versus
Uthirapathy – Respondent
| Table of Content |
|---|
| 1. insurance company challenges liability based on passenger status. (Para 1 , 2) |
| 2. insurance policy limitations and passengers' status argued. (Para 3 , 4) |
| 3. respondents defend tribunal award under existing laws. (Para 6 , 10) |
| 4. court reviews records and submission responses. (Para 7 , 9) |
| 5. policy analysis clarifies coverage limitations. (Para 8 , 12) |
COMMON JUDGMENT
Challenging the liability fixed on the appellant, the insurance company has filed the batch of appeals seeking to quash the fair and decreetal order dated 27.02.2013 made in M.C.P.O.No.278 of 2011 on the file of the Motor Accident Claims Tribunal (Sub Court), Chidambaram.
2. The case of the claimants is that on 29.03.2011 at about 1.15 pm, the claimants and deceased were travelling in the TATA Ace Mini Van bearing Registration No.TN 31 CY 2260 from Cholatharam to Vakkur Village as gratuitous passengers, due to rash and negligent driving of the van, the said van was capsized, for which, one Manivel lost his life and other 13 persons sustained injuries. Thereafter, the dependent of the deceased and other injured persons filed separate claim petitions claiming compensation. After adjudication, the Tribuna
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