The Madurai Bench of the Madras High Court dismissed the insurance company's appeal against the MACT award for death in a motor accident, holding that the multiplier and quantum calculations were correct and within legal bounds.
Award of Rs. 7,82,672/- to be paid to eligible claimants within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2014 CORAM THE HON'BLE MR.JUSTICE N.KIRUBAKARAN C.M.A(MD)No.5 of 2014 and M.P(MD)No.1 of 2014
Branch Manager The New India Assurance Company Ltd., 147, Salai Road, Ramanathapuram Ramanathapuram District. .. Appellant/2nd Respondent vs
1.Sivakami 2.Sivanupandian 3.Minor Parvathi 4.Minor Ramalakshmi 5.Minor Anand (Minors 3 to 5 rep.by mother and next friend R1) 6.Sivanupandian 7.Parvathi 8.A.Lakshmi .. 1 to 8 Respondents/Petitioners 1 to 8 9.Zahir Hussian .. 9th Respondent/1st Respondent
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree made in MCOP NO.673 of 2003 dated 24.12.2003 on the file of Motor Accidents Claims Tribunal, (I Additional District Court) Tirunelveli.
For Appellant : Mr.S.Ramachandran For Respondents : Mr.T.Selvakumaran (R1 to R8)
JUDGMENT
The Civil Miscellaneous Appeal has been filed by the Insurance Company against the award of Rs.7,82,672/- for the death of one Kannan, who died in the accident occurred on 15.05.2003 when he was riding his motorcycle which was hit by a van driven rash and negligently. Hence, the claim petition, which was resisted. The Tribunal, on enquiry, found that the driver of the van was negligent and liability was fixed on the Insurance Company to pay the amount and a sum of Rs.7,82,672/- was awarded as compensation. The said award is assailed only on the ground of quantum.
2
Teacher, who was aged 57 year, died and the Tribunal adopted multiplier '9' as per the II Schedule, which was confirmed by the Delhi High Court in Ram Rati and others vs. New India Assurance company Ltd., and others reported in 2011 ACJ 2579 . Therefore, the said adoption is consonance with the afore-said judgment.
In the result, Civil Miscellaneous Appeal is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.
Sd/-
Assistant Registrar (T & P)
/True Copy/
Sub Assistant Registrar(CS)
To
The Motor Accident Claims Tribunal (I Additional District Court) Tirunelveli
+1 CC to Mr.T.Selvakumaran, Advocate, SR.No.3794
+1 CC to Mr.S.Ramachandran, Advocate, SR.No.3770 skn
C.M.A(MD)No.5 of 2014
and M.P(MD)No.1 of 2014
21.01.2014
TR : 14/02/2014 : 2p/4c
1 issue framed by the court
Whether the quantum of compensation awarded by the Motor Accidents Claims Tribunal deserves interference by this Court.
Colour shows how this judgement treated each authority
Ram Rati and others vs. New India Assurance company Ltd.Distinguished¶10
Ram Rati and others vs. New India Assurance company Ltd., and others reported in 2011 ACJ 2579
Branch Manager The New India Assurance Company Ltd.
Sivakami
Sivanupandian
Minors Parvathi
Minors Ramalakshmi
Minors Anand
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
