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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI, J
The Branch Manager, M/s.The Oriental Insurance Company Limited – Appellant
Versus
Mariselvi – Respondent
| Table of Content |
|---|
| 1. appeal against tribunal's motor accident compensation award. (Para 2 , 3) |
| 2. accident facts, claims, evidence, and tribunal's negligence finding. (Para 8) |
| 3. insurer's arguments on contributory negligence and helmet. (Para 9 , 10 , 11 , 12) |
| 4. court upholds no contributory negligence, full lorry driver liability. (Para 13 , 14) |
| 5. income fixation at rs.25,000/- upheld with future prospects. (Para 15 , 16 , 17) |
| 6. appeal dismissed, award confirmed. (Para 18) |
JUDGMENT
This Civil Miscellaneous Appeal is preferred against the Award, dated 15.03.2024 passed in M.C.O.P.No.1749 of 2022 by the Motor Accident Claims Tribunal/Special District Court, Madurai.
2.The second respondent in M.C.O.P.No.1749 of 2022 is the appellant herein. The petitioners/claimants are the respondents 1 to 3 herein, who filed st the claim petition and the 1 respondent in the claim petition is the th 4 respondent herein.
3.For the sake of convenience, the parties as arrayed in M.C.O.P.No.1749 of 2022 are adopted hereunder. 4.The brief facts of the case: On 05.08.2022 at about 5.30 p.m., the deceased Selvakumar was riding a two wheeler bearing registration No.TN 07 AR 1833 along the Virudhunagar to Thiruma
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