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S. LATHA v. THE UNITED INDIA INSURANCE CO.LTD.

Supreme Court of India | Diary 33432/2019

Status

Order

Decided On

2024-11-25

Bench

HON'BLE MR. JUSTICE VIKRAM NATH, HON'BLE MR. JUSTICE PRASANNA B. VARALE

Petitioner

S. LATHA

Respondent

THE UNITED INDIA INSURANCE CO.LTD.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 13043 OF 2024 ( ARISING FROM SLP(C)NO(S). 24472/2019)

S. LATHA & ANR. ... APPELLANT(S)

Versus

THE UNITED INDIA INSURANCE CO.LTD. & ORS.

... RESPONDENT(S)

O R D E R

1. Leave granted.

2. The present appeal arising out of Special Leave

Petition (C) No.24472 of 2019 is against the

judgement dated 09.11.2017 passed by the Madurai

Bench of the Madras High Court, in C.M.A (MD)

No.401 of 2016 filed by the Insurance Company, 1st

Respondent whereby the High Court has fastened

liability solely on the owner of the vehicle, 2nd

Respondent and relieved the Insurance Company from

all liability to pay the due compensation.

3. The Appellants before us are the wife and minor

son of the deceased, M. Srinivasan. The deceased

was travelling in the 2nd Respondent’s vehicle as

a load man of the goods vehicle. The vehicle

crashed into a tree and the appellant’s husband M.

Srinivasan sustained injuries and died on the

spot. The Appellants filed MCOP No.469/2013 before

the Special District Court, Tiruchirappalli for

1

compensation. The District Court vide order dated

10.07.2014 granted the Appellants Rs.5,74,000/-as

compensation and held the Insurance Company to be

liable for the compensation to be paid to the

Appellants. The Insurance Company filed an appeal

before the High Court challenging this order. The

High Court vide ...

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