D.Kumar, v. R.Jayakumar
Case brief
What is this about?
The High Court partly allowed a civil appeal filed against the Motor Accidents Claims Tribunal. The court increased the compensation awarded to the petitioner from Rs.92,000 to Rs.1,35,000, directing the insurer to deposit the additional Rs.43,000.
What did the court decide?
Awarded additional compensation of Rs.43,000 with interest, to be deposited by the insurer before the Tribunal. Total assessed compensation enhanced to Rs.1,35,000.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2013
CORAM
THE HONOURABLE MR.JUSTICE C.S.KARNAN
C.M.A.No.2220 of 2006
D.Kumar ... Appellant / Petitioner Vs. 1.R.Jayakumar 2.The United India Insurance Company Limited, 30, Anna Salai, Chennai - 600 002. ... Respondents / Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the order and decree dated 28.09.2004 in M.C.O.P.No.169 of 2000, on the file of Motor Accidents Claims Tribunal, IV Judge, Small Causes Court, Chennai. For Appellant : Mr.A.N.Vishwanatha Rao For Respondents : Mrs.V.S.Sowmya for R-2 R-1 - not ready notice J U D G M E N T
The appellant / petitioner has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.169 of 2000, on the file of Motor Accidents Claims Tribunal, IV Judge, Small Causes Court, Chennai.
- The short facts of the case are as follows:-
The petitioner has filed the claim in M.C.O.P.No.169 of 2000, claiming compensation of a sum of Rs.2,00,000/- from the respondents for the injuries sustained by him in a motor vehicle accident. It was submitted that on 19.09.1999, at about 20.30 hours, when the petitioner, along with one Babu, was travelling as a loadman in the lorry bearing registration No.TN-39-H-3474, and when the lorry was proceeding towards Ambattur Estate in Chennai and near T.I.Cycle Company School, the driver of the lorry drove it at a high speed and in a rash and negligent manner and dashed it against another lorry coming in the opposite direction, due to which, the lorry bearing registration No.TN-39-H-3474 capsized. As
Issues for consideration
2 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accidents Claims Tribunal was appropriate given the injuries sustained.
Whether additional compensation should be granted for disability, loss of amenities, and loss of comfort.
Parties & counsel
- appellant
D.Kumar
- respondent
R.Jayakumar
- respondent
United India Insurance Company Limited
Coram
Case details
As recorded by the court registry
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