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2026 Supreme(Online)(Mad) 29584

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, K.K. Ramakrishnan, JJ
Branch Manager Shriram General Insurance Company Limited – Appellant
Versus
Arulappan – Respondent


Advocates:
For Appellants: Mr.R.Ramadurai
For Respondents:Mr.S.Suriya (For Respondents 1 &2)

Table of Content
1. accident due to rash negligence of insured vehicle driver (Para 2 , 3)
2. rival contentions on negligence and evidence reliability (Para 4 , 5)
3. eyewitness testimony confirms 100% negligence on insured driver (Para 6)

(Judgment of the Court was delivered by K.K.RAMAKRISHNAN,J.

The appellant insurance company filed this appeal challenging the quantum of the award passed in M.C.O.P.No.357 of 2018, dated 11.12.2024 by the Motor Accident Claims Tribunal, (Additional Subordinate Judge), Kumbakonam.

2.Fact of the case:

The deceased, Rajesh, on 27.07.2013 at about 9.00 a.m., was travelling on his two-wheeler along the Thiruvarur–Kumbakonam Main Road, proceeding on the left side of the road in a slow and cautious manner, adhering to traffic rules and regulations. At that time, the Tata Ace vehicle bearing Registration No. TN25T1510, insured with the appellant–Insurance Company, came from the opposite direction. It is the case of the claimants that the driver of the said vehicle, after overtaking another vehicle, suddenly stopped without giving any signal, resulting in a collision with the motorcycle of the deceased. Due to the impact, the deceased sustained grievous injuries

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