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MADRAS HIGH COURT
NOT FOUND, NOT FOUND
Branch Manager New India Assurance Co. Ltd. v. Mala and Others
| Table of Content |
|---|
| 1. details of the accident and background of the claim. (Para 1 , 3 , 4 , 5) |
| 2. appellant's arguments against the claim. (Para 2 , 6 , 7 , 20) |
| 3. court's findings on liability and evidence. (Para 10 , 18 , 19) |
| 4. judicial reasoning and application of law. (Para 12 , 14 , 15 , 16) |
| 5. court's final order on compensation. (Para 22) |
1. The appellant Insurance Company is the second respondent in M.C.O.P.No.344 of 2001. The respondents 1 to 4 herein are the claimants. The respondents 5 and 6 are the owners of the vehicle, who were respondents 1 and 3 in M.C.O.P.No.344 of 2001.
2. The appellant challenged the order of Tribunal dated 07.08.2009 granting a total sum of Rs.6 lakhs as compensation to the respondents 1 to 4.
3. The facts of the case are as follows:
According to the respondents 1 to 4, on 06.06.2001, at about 5.30 p.m, the deceased Sekar was driving his vehicle M.80 slowly along with his friends in Kalanivaasal, Thuraiyur main road from west to east on the left hand side of the road. At that time, one mini lorry bearing Registration No. TN - 69-2302 insured with the appellant was driven in a rash and negligent manner from north to south in Thuraiyur road and hit decease
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