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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. Karthikeyan, K. Rajasekar, JJ
Royal Sundaram Alliance Insurance Co. Ltd. – Appellant
Versus
Sridevi – Respondent
| Table of Content |
|---|
| 1. facts of fatal motorcycle-lorry collision and tribunal award (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. insurer contests negligence; claimants defend order (Para 8 , 9) |
| 3. claimants' evidence prevails over insurer's lack thereof (Para 10 , 11) |
| 4. just compensation principles and calculation upheld (Para 12 , 13) |
This appeal had been filed questioning the order, dated 26.04.2021, passed in M.C.O.P.No.905 of 2019 by the Motor Accident Claims Tribunal (Special District Court for Motor Accident Claims Cases), Krishnagiri.
2. In the Claim Petition, it had been stated by the petitioners/claimants, who are respondents 1 and 2 herein, that the deceased - Pradeep was returning to Bargur from Krishnagiri on 16.10.2018 on his two wheeler – Bajaj Pulsar, bearing Registration No.TN-24-AL-2045 at about 23.00 hours. At that time, the vehicle of the first respondent - lorry bearing Registration No.TN-88-C-8485 driven by its driver suddenly stopped and the deceased dashed the motorcycle against the said lorry, due to which the deceased sustained grievous injuries and died on the spot. It was stated that the deceased was aged 25 years at the time of the accident and earning Rs.25,000/- per month.
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