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2024 Supreme(Online)(MAD) 40252

HIGH COURT OF MADRAS
Mrs. JUSTICE V.BHAVANI SUBBAROYAN, Mr. JUSTICE K.K.RAMAKRISHNAN, JJ
IFFCO-TOKIO – Appellant
Versus
SELVI – Respondent


Advocates:
Mr.V.Sakthivel, Mr.R.J.Karthick, for R1 to R4

ORDER

[Order of the Court was made by K.K.RAMAKRISHNAN.J.,]

The Insurance Company filed this appeal challenging the award passed in M.C.O.P.No.310 of 2015 dated 09.09.2020 by the learned Additional Motor Accident Claims Tribunal and Additional Subordinate Judge, Tenkasi.

2.The respondents 1 to 4/claimants filed petition in M.C.O.P.No.310 of 2015 stating that on 15-05-2015, at 02.30 p.m the second respondent's car namely TATA Indica car bearing registration No.TN 76 2655, was driven by the 1st respondent, in which, the deceased Balasubramainian, Durai and Vasudevan and other persons were travelling. When the said car was proceeding, the 7th respondent's two wheeler suddenly crossed the road in rash and negligent manner and in order to avoid hitting the two wheeler bearing registration No.TN 72 P-5045, which belongs to the 7th respondent, the 1st respondent applied the brake, eventually, the car capsized on the road. The said Balasubramanian, Durai and Vasudevan sustained grievous injurious all over the body and the said Balasubramanian died on the spot. Based on the complaint, the jurisdictional Police Officer registered a case in Crime No.259 of 2015 for the offence under Section 279,

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