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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. Karthikeyan, K. Rajasekar, JJ
TATA AIG General Insurance Co Ltd – Appellant
Versus
D. Settu – Respondent
| Table of Content |
|---|
| 1. appeal challenges 50% lorry liability in multi-vehicle accident. (Para 1 , 2) |
| 2. tribunal fixes 50:50 negligence on two-wheeler and lorry drivers. (Para 3) |
| 3. appellant argues car driver's sudden brake contributed. (Para 4 , 5) |
| 4. court apportions 1/3rd liability to car, lorry, two-wheeler. (Para 6) |
| 5. modifies award; insurers deposit 50% for recovery. (Para 7 , 8) |
(Judgment of the Court was delivered by C.V.Karthikeyan J.)
The second respondent (The TATA AIG General Insurance Co Ltd) in M.C.O.P.No.235 of 2016 on the file of the Motor Accidents Claims Tribunal, II Additional District Judge, Vellore @ Ranipet, has filed the present Appeal questioning the liability fixed on the ratio of 50% on the appellant herein, who was the insurer for the lorry bearing registration No.TN 73 D 7626 with respect to an accident which had occurred on 28.08.2014 at about 3.50 pm.
2. The accident had occurred on 28.08.2014. The deceased Dinesh Kumar, son of the claimant/first respondent herein. was travelling as a pillion rider in a two wheeler bearing registration No.TN 23 AJ 7195 belonging to the fifth respondent driven by one Kumaresan on Arani road towards Arcot. When their two wheeler
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