Vs
Case brief
What is this about?
The High Court allowed an appeal against a Motor Accidents Claims Tribunal award. Finding the Tribunal's award too low relative to the claim, the Court enhanced compensation for the deceased's husband and minor child, directing the insurer to deposit the additional amount with interest.
What did the court decide?
The appeal was allowed; the Tribunal order modified. Additional compensation of Rs.2,98,000 to be deposited by the insurer, shared as Rs.1,00,000 for the husband and Rs.1,98,000 for the minor child.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.07.2013
CORAM
THE HONOURABLE MR.JUSTICE C.S.KARNAN
C.M.A.No.1199 of 2003
1.Muniyan
2.Minor Kiliya by next friend
Father, Muniyan
3.Arayi
4.Sagunthala ... Appellants /Petitioner
Vs.
1.Rajendiran
2.Oriental Insurance Company Limited,
Pondicherry. ... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the award and decree made in M.A.C.T.O.P.No.59 of 2001, on the file of the Motor Accidents Claims Tribunal, Additional District Court, Chidambaram, dated 23.01.2002.
For Appellant : M.A.A.Murugan for Mr.K.S.Ganesh Babu For Respondents : Mr.s.Janarthanan for R-2
R-1 (not ready notice)
The appellants / petitioners have preferred the present appeal against the judgment and decree passed in M.A.C.T.O.P.No.59 of 2001, on the file of the Motor Accidents Claims Tribunal, Additional District Court, Chidambaram.
Issues for consideration
3 issues framed by the court
Whether the High Court was justified in setting aside the Motor Accidents Claims Tribunal's assessment and awarding additional compensation to the petitioners.
Whether the Tribunal erred in denying compensation under the head of loss of income to the legal heirs of the deceased.
What is the quantum of additional compensation to be awarded to the deceased's husband and minor child.
Parties & counsel
- petitioner
Muniyan
- petitioner
Minor Kiliya by next friend Father, Muniyan
- petitioner
Arayi
- petitioner
Sagunthala
- respondent
Rajendiran
- respondent
Case details
As recorded by the court registry
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