Navappan, v. Jegan
Case brief
What is this about?
In this Motor Accidents Claims Appeal, the High Court enhanced compensation awarded to a claimant who lost a leg in an auto-rickshaw accident, correcting the Tribunal's assessment of permanent disability by applying a multiplier.
What did the court decide?
Compensation enhanced from Rs. 2,45,000 to Rs. 5,45,000 with 5.5% interest; Insurance company directed to deposit amount.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2013
CORAM
THE HONOURABLE MR. JUSTICE G.M. AKBAR ALI
C.M.A.No.1084 of 2013
Navappan
..Appellant/Petitioner
/vs/
- Jegan 2 The Manager,
The Oriental Insurance Co. Ltd., No.32/312, Vijayalakshmi Complex, First Floor, 13th Street, Phase 2, Sathuvachary, Vellore 9. ..Respondents/Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 24.08.2011 made in M.A.C.T.O.P.No.81 of 2011 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Tiruvannamalai.
For Appellant :M/s F.Terry Chellaraja For Respondent-1 :Mr.S.A.Muruganathan for M/s.Legal Guidance Law For Respondent-2 :Mr.N.Sampath
Issues for consideration
3 issues framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal should be enhanced on account of functional disability and loss of earning capacity.
Whether the percentage of disability should be applied using a multiplier to assess permanent disability compensation.
Whether the appeal filed under Section 173 of the Motor Vehicles Act is perfunctory and calls for interference to fix appropriate compensation.
Parties & counsel
- appellant
Navappan
- respondent
Jegan
- respondent
The Manager, The Oriental Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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