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MADRAS HIGH COURT
Judge name here, J
Appellant Insurance Company – Appellant
Versus
Claimants – Respondent
| Table of Content |
|---|
| 1. liability of the insurance company in the accident case. (Para 1 , 2 , 4 , 6) |
| 2. discussions on appeal process and tribunal's initial findings. (Para 3 , 7) |
| 3. arguing that deceased was not an authorized passenger. (Para 8 , 9) |
| 4. citing relevant precedents on similar liability issues. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. final position on the determination of liability. (Para 17 , 18) |
| 6. final verdict and implication of legal decision. (Para 19) |
1. Challenge in respect of the liability of the Appellant Insurance Company is made in this Appeal to the award of Rs.3,08,000/-, dated 21/12/2005 and made in M.C.O.P. No. 877 of 2003, on the file of the Motor Accidents Claims Tribunal (Additional District Judge)(FTC), Pudukottai.
2. The facts which giving rise to this appeal may be summarized as under:
That on 22/05/2002 at about 2.45 p.m., the tractor bearing registration No. TN - 55 - D - 3764 belonging to the 6th Respondent herein was proceeding towards Ammapatinam on Sethu Road. When it was nearing Raghumath Nagar, the deceased Subburamu @ Subburaman had alighted from the tractor and was standing in front of SYN building. While so, the driver, who was on the steering wheel
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