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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, MUMMINENI SUDHEER KUMAR, JJ
M/s.Royal Sundaram General Insurance Company Limited – Appellant
Versus
Tmt.Bhuvaneshwari, W/o.Late. Balaji – Respondent
| Table of Content |
|---|
| 1. appeals relate to compensation for a motor accident. (Para 1 , 2 , 3) |
| 2. claim based on negligence attributed to the truck driver. (Para 4 , 5 , 6) |
| 3. tribunal assessed negligence equally between drivers. (Para 7 , 8 , 9) |
| 4. insurance policy implications related to bounced cheque. (Para 10 , 11 , 12) |
| 5. final ruling affirms tribunal decisions on liability and compensation. (Para 18 , 19 , 30) |
COMMON JUDGMENT
These two appeals are against the award passed by the Motor Accident Claims Tribunal, Ariyalur in M.C.O.P.No.119 of 2019, dated 25.10.2021.
(i) C.M.A.No.669 of 2022, filed by the Insurance Company, challenging both liability as well as quantum of compensation.
(ii) C.M.A.No.2014 of 2022, filed by the claimants, challenging the order of the Tribunal exonerating the 4th respondent/insurance company instead of ordering “pay and recover”.
2 . The gist of the case leading to the appeals:-
The claimants are the wife and minor son of late Balaji. On 09.10.2016, when Balaji was driving along with his wife and son, travelling in a Taxi bearing Reg.No:KA-05-AE-1681 from Bangalore to Kumbakonam, near Karukkai village, Andimadam on the Jayamkondam-Virudhachalam highways, at about
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