The High Court dismissed an appeal filed by an insurance company challenging a Motor Accident Claims Tribunal order. The court refused to entertain the appeal as the insurer was already bound by a prior enhancement order regarding compensation quantum.
The appeal and connected miscellaneous petition were dismissed; no order as to costs.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 03.09.2015 CORAM : THE HON'BLE MR. JUSTICE S. MANIKUMAR AND THE HON'BLE MR. JUSTICE M. VENUGOPAL C.M.A. No: 1965 of 2015
The Divisional Manager
The New India Assurance Co. Ltd.
Divisional Office
Officer's Lane
Vellore. ... Appellant/R2
-Vs-
1. S. Kumar
S/o. Subramani ... R1/P1
2. K. Ramya
D/o. Kumar ... R2/P2
(both residing at No:37/11
Kamarajar Street, LIC Colony
Sankaranpalayam, Vellore )
3. P. Rajagopal
No: 89 K.T.S. Main Street
Mamallan Nagar
Kancheepuram District. ... R3/R1
4. V. Thayumanavan
No: 105 New No: 156
K.C. Samy Nagar, Bagyam
Vellore – 2. ... R4/R3
5. I.C.I.C.I. Lombard General Ins. Co. Ltd.
No: 140 Nungambakkam High Road
Chottabai Centre, Chennai – 34.
... Respondents No.5/R4
Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree made in M.A.C.T.O.P. No: 81 of 2011 on the file of the Motor Accident Claims Tribunal (I Additional District & Sessions Judge) Vellore dated 01.02.2013.
(Judgment of the Court was delivered by S. Manikumar, J.)
Challenge in this appeal by New India Assurance Co. Ltd. Vellore, is to the finding of the Tribunal fixing the negligence on the part of the driver of the vehicle/bus bearing registration No. TN-21-7474 insured with the appellant New India Assurance Co. Ltd. Vellore, and the consequential liability to pay compensation. The quantum of compensation is also challenged.
“ 3. The only question is to be decided with regard to the quantum of compensation and there is no appeal by the Insurance Company.”
Sd/Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gp To The Motor Accident Claims Tribunal I Additional District & Sessions Judge Vellore.
+1cc to Mr.M.Krishnamoorthy, Advocate, S.R.No.47526
C.M.A. No: 1965 of 2015
EV(CO) CA(20/10/2015)
The New India Assurance Co. Ltd.
S. Kumar
K. Ramya
P. Rajagopal
V. Thayumanavan
I.C.I.C.I. Lombard General Ins. Co. Ltd.
S. Manikumar
M. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
