NEW INDIA ASSURANCE CO. LTD. Vs. ALLAMMA
HIGH COURT OF MADRAS
NEW INDIA ASSURANCE CO. LTD.
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Teekaa Raman, J. -
(1.) The Insurance Company is the appellant herein challenging the Judgment and Decree dated 28.06.2011 passed by the learned Subordinate Judge, Motor Accidents Claims Tribunal, Hosur, in M.C.O.P.No.301 of 2001, on the ground of liability and quantum.
(2.) Respondents 1 to 6, who are the legal heirs of the deceased Selvaraj, have filed a claim petition in M.C.O.P.No.301 of 2001 before the learned Subordinate Judge, Motor Accidents Claims Tribunal, Hosur, alleging that on 25.07.2001 at about 4.50 a.m., the deceased was get down from bus and walking towards the bus stand in the Krishnagiri - Bangalore Bye pass road, near Hosur Municipality Office and at that time, an Auto Rickshaw bearing Registration No.TN-29-Y-0617 was driven by its driver in a rash and negligent manner and dashed against the deceased. As a result of which, the deceased sustained fatal injuries on his head and all over his body and he died on the spot. For the death of the said Selvaraj, the first claimant/wife of the deceased and claimants 2 to 6/sons and daughters of the deceased have filed the above claim petition claiming a sum of Rs.5,00,000/- as compensation.
(3.) The second respondent before the Tribunal/insurance company has filed counter statement denying the averments made by the claimants.;
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