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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.POORNIMA, J
THE NATIONAL INSURANCE CO.LT – Appellant
Versus
S.KALIYAPERUMAL (DIED) – Respondent
| Table of Content |
|---|
| 1. accident liability for insurance is established. (Para 1 , 2 , 3) |
| 2. claim for excessive compensation is contested. (Para 4 , 5 , 6) |
| 3. definition of public place is explored. (Para 10 , 11 , 12) |
| 4. compensation should reflect just amounts based on evidence. (Para 16 , 17) |
| 5. final ruling supports increased compensation. (Para 18) |
ex parte – R3 JUDGMENT The appellant/2nd respondent Insurance company has filed this Civil Miscellaneous Appeal against the fair and decretal order dated 10.12.2011 made in M.C.O.P.No.828 of 2006 by the Chief Judicial Magistrate, Motor Accident Claims Tribunal, Trichy.
2.The brief case of the claimants is as follows:-
(i) On 31.01.2005, at about 10.15 hours, the deceased Amudha was standing on the road near M/s.Anand Industries, Devaraya Neri, in the course of employment. At that time, a Crane bearing Registration No.PY 01 E 2842 owned by the 1st respondent, driven by its driver in a rash and negligent manner and dashed against the deceased and as a result of which she was thrown to the ground,and the front wheel of the Crane ran over her . She sustained multiple grievous injuries on the vital part of the body and was taken to Government Hosp
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