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2025 Supreme(Online)(Mad) 47793

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Govindarajan Thilakavadi, J
Deputy Manager The New India Assurance Company Limited – Appellant
Versus
Batcha, S/o. Kansaibu – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S. Dhakshinamoorthy
For the Respondents: Ms. Ramya V. Rao for R1, No Appearance for R2

JUDGMENT

The second opposite party in E.C. No.110/2020 on the file of the Commissioner for Workmen's Compensation (Joint Commissioner of Labour- 2), Chennai-6, is the appellant in this Appeal. The applicant thereon is the first respondent herein and the owner of the vehicle is the second respondent.

2. The 1st respondent/applicant preferred a Claim Application before the above referred authority claiming compensation for the injuries sustained by him in the accident that took place on 11.04.2020.

3. The short facts of the matter which need to be stated for the purpose of the present appeal are as follows:

3.1. On 11.04.2020, at about 07.15 hours, the applicant was driving a Bajaj Auto bearing Registration No. TN-81-Z-7965, owned by the 1st opposite party, from North to South, on Panruti to Kumbakonam Main Road, by keeping extreme left side of the road at moderate speed. At that time, at Keezhakollai Road Junction, a TVS XL Moped bearing Registration No.TN- 31-BH-2880 came from East to West at a great speed and to avoid the accident, the applicant applied the break, due to which the auto swerved and hit against the TVS XL Moped and capsized. The applicant suffered the following injurie

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