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2026 Supreme(Online)(Mad) 39035

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Anand Venkatesh, K.K.Ramakrishnan, JJ
Divisional Manager, The New India Assurance Company Ltd. – Appellant
Versus
Ashik Ali – Respondent


Advocates:
For the Appellants/Petitioners: Mr.G.Prabhu Rajadurai
For the Respondents: Mr.K.Kumaravel

Table of Content
1. lorry parking without signals constitutes sole negligence (Para 1 , 2 , 3 , 5 , 6)

The appellant insurance company, being the third respondent in M.C.O.P.

No.40 of 2024 on the file of the Motor Accident Claims Tribunal (Principal District Court), Ramanathapuram, has preferred the present appeal to set aside the award dated 22.09.2025, on the grounds relating to negligence and quantum of compensation.

2. Facts of the Case:

2.1. It is averred in the claim petition filed in M.C.O.P. No.40 of 2024 that, on 16.07.2023, at about 1.50 a.m., the deceased, along with six others, was travelling in a car bearing Registration No. TN-04-M-6768 along the Kanyakumari–Tirunelveli National Highway, proceeding from south to north. When the vehicle reached the Nanguneri Bridge near Krishnamputhur Village, a lorry bearing Registration No. TN-88-8046 was found parked in the middle of the road without any signal indication or parking lights. Consequently, the car driven by the deceased dashed against the said lorry. Due to the impact, the occupants of the car sustained injuries, and the deceased, Sheikh Abdullah, along with another occupant, Ameer Abbas, died on the spot, while three othe

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