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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, K.RAJASEKAR, JJ
Royal Sundaram General Insurance Company Ltd. – Appellant
Versus
Condandaramin Sridevi – Respondent
| Table of Content |
|---|
| 1. appeal arises from tribunal holding insurer solely liable for fatal collision with parked lorry at night. (Para 1 , 2 , 3 , 4) |
| 2. insurance companies filed competing pleadings alleging sole negligence of the opposite vehicle’s driver. (Para 5 , 6 , 7) |
| 3. tribunal attributed 100% fault to tempo traveller driver; insurer appealed both liability and quantum. (Para 8 , 9 , 10) |
| 4. appellant insurer relies on reckless positioning of lorry; respondents deny any visibility issue and maintain traveller driver fault. (Para 11 , 12 , 13) |
| 5. evidence shows both drivers contributed; adverse inference arises from lorry driver’s non-examination when pleadings implicated him. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 6. statutory rules require drivers to park without obstruction; violation creates sole liability for parked vehicle and bars contribution claims. (Para 23 , 24 , 25) |
| 7. half width of road occupied by parked lorry posed danger; fault apportioned fifty-fifty between drivers and insurers accordingly. (Para 26 , 27 , 28) |
| 8. monthly salary slips accepted; loss of consortium re-calculated per apex guidance; appeal partly allowed and award marginally enhanced. (Para 29 , |
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