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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, K.K. Ramakrishnan, JJ
United India Insurance Company Limited – Appellant
Versus
Karnan – Respondent
| Table of Content |
|---|
| 1. overview of the appeal background and accident facts. (Para 1 , 2) |
| 2. assessment of claims regarding negligence, compensation quantum, and the 'pay and recover' directive. (Para 3 , 4 , 5 , 6 , 7) |
| 3. judicial determination on contributory negligence (helmet use) and final order for deposit. (Para 8 , 9 , 10) |
(Judgment of the Court was delivered by N.ANAND VENKATESH, J.)
This appeal has been filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal (Special District Court), Thanjavur in M.C.O.P.No.1582 of 2024 dated
26.06.2025.
2. The respondents are the claimants. The first and second respondents are the parents of the deceased and the third and fourth respondents are the sisters of the deceased. The case of the respondents is that on 09.07.2024, at about 09.45 p.m., the deceased was riding a two- wheeler and at that point of time, the offending vehicle which belongs to the sixth respondent was driven in a rash and negligent manner and it dashed on the rear side of the two wheeler, as a result of which, the deceased was thrown out of the vehicle and he sustained grievous injuries and succumbed to the injuries. An FIR came to be
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