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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.RAJASEKAR, JJ
The Divisional Manager, HDFC ERGO General Insurance Company Limited – Appellant
Versus
Kalaiselvi – Respondent
| Table of Content |
|---|
| 1. appeal filed by insurance company (Para 1) |
| 2. tribunal award details (Para 4) |
| 3. insurance appeal grounds (Para 6 , 7) |
| 4. liability confirms on driver (Para 9 , 11) |
| 5. quantum of compensation confirmed (Para 12 , 13 , 14) |
| 6. appeal dismissed and award confirmed (Para 15) |
For Appellant : Mr.K.Vinod For R1 to R3 : M/s.M.Malar For R4 : No appearance JUDGMENT The Civil Miscellaneous Appeal has been filed by the Insurance Company, aggrieved over the negligence fixed on the driver of the first respondent and also challenging the quantum of compensation granted to the claimants as per the award dated 01.11.2021, made in M.C.O.P.No.29 of 2017, on the file of the Motor Accidents Claims Tribunal, Special Sub Judge, Tiruvannamalai.
2. For the sake of convenience, the parties are referred to hereunder according to their litigative status and ranking before the trial Court.
3. The case of the claimants is as follows:
The respondents 1 to 3 herein are the claimants who have filed a claim petition seeking compensation for the death of one Vignesh, aged about 23 years in the road accident taken place on 14.07.2016 at about 9.30 hours. According to them, the deceased Vignesh riding a two-
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