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2026 Supreme(Online)(Mad) 35924

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, K.RAJASEKAR, JJ
Reliance General Insurance Company Ltd. – Appellant
Versus
Hemavathy G – Respondent


Advocates:
For Appellant: Mr.G.Vasudevan
For Respondent: Mr.T.Ramesh Kumar for R1 to R3

Table of Content
1. accident due to car's rash negligence; tribunal awarded compensation. (Para 2 , 3 , 4 , 5)
2. insurer contests income and alleges contributory negligence. (Para 6)
3. notional income correctly fixed per precedent. (Para 7)

JUDGMENT

[Judgment of the Court was delivered by C.V. KARTHIKEYAN, J This appeal had been filed by the appellant Insurance Company against the judgment and decree of the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai dated 30.04.2025 in M.C.O.P.No.865 of 2022.

2. The claimants are the parents and brother of the deceased G.Gokula Krishnan. It is the case of the claimants that on 02.02.2022 at about 22.30pm, when the deceased G.Gokulakrishnan was riding his motorcycle bearing Registration No.TN05 BJ 4167 from Korattur to Senthil Nagar Junction on 200 feet road in the south to north direction, a Verna car bearing Registration No.TN06 K 2077 came in a rash and negligent manner from east to west and dashed again the victim's motorcycle, due to which the deceased sustained grievous injuries and died. Hence, the claimants filed a claim petition before the Motor Accident Claims Tribunal, claiming a compensation of Rs.80,00,000/

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