The High Court of Madras dismissed the insurer's civil miscellaneous appeal against an award of Rs.8,00,000/- in a motor accident claim. The court held that despite the long efflux of time since the 1997 accident, the award was fit to be confirmed without reduction.
Appeal dismissed; insurer directed to deposit the entire award sum within six 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2016
CORAM
THE HON'BLE MR.JUSTICE N. SESHASAYEE
C.M.A.No.2175 of 2008
The Oriental Insurance Company Ltd., 281, Crosscut Road, Gandhipuram, Coimbatore.
Coimbatore. ..Appellant/3rd Respondent Vs 1.V.Velathal 2.N.Veluswamy 3.V.Rajeswari ..Respondents 1 to 3/Claimants 4.S.Devakumar S.Nagarajan ..Respondents 4&5/Respondents 1&2 Prayer : Civil Miscellaneous Appeal preferred under Section 173 of Motor Vehicles Act 1988 against the judgment and decree in MCOP.No.391 of 1998 dated 17.02.2003 on the file of the Motor Accident Claims Tribunal, III Additional Subordinate Court, Coimbatore.
For Appellant : Mr.N.Vijayaraghavan For Respondents: No appearance JUDGMENT
As against a claim for Rs.15,00,000/-, the award for the death of a 28 year old bachelor employed as Area Sales Manager in a private firm was for Rs.8,00,000/- with interest and costs by award dated 17.02.2003. The insurer has filed an appeal against such award in 2003 and after condonation of delay and so on, the appeal has now come up for final hearing in respect of an accident dated 21.12.1997.
Sd/-
Asst.Registrar (CS III )
/true copy/
Sub Asst. Registrar
To:
1.The Motor Accident Claims Tribunal,
III Additional Subordinate Court,
Coimbatore.
2.The Section Officer
V.R.Section Officer,
High Court, madras.
+1 cc to Mr.N.Vijayaraghavan,advocate,sr.72035.
kji(co)
krd 12/1 C.M.A.No.2175 of 2008
2 issues framed by the court
Whether the award of Rs.8,00,000/- for death compensation in a motor accident claim is excessive and liable to be reduced.
Whether the principles evolved in the last 19 years regarding compensation calculation require interference with the award.
1 provisions across 1 enactments
The Oriental Insurance Company Ltd.
V.Velathal
N.Veluswamy
V.Rajeswari
S.Devakumar
S.Nagarajan
N. SESHASAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
