Appeal against MACT award of Rs. 1,35,000 for death compensation. Court rejected claim that death was due to other causes, upheld Tribunal award as just and reasonable, and dismissed the appeal.
Civil Miscellaneous Appeal dismissed; connected miscellaneous petition closed.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2017
(Judgment Reserved on : 14.03.2017)
CORAM
THE HON'BLE MR.JUSTICE G.CHOCKALINGAM
C.M.A.No.913 of 2006
and
C.M.P.No.3600 of 2006
The New India Assurance Co. Ltd., 171, Thambu Chetty Street, Chennai.
.. Appellant / 2nd Respondent
.. Vs ..
.. Respondents 1 to 3/Petitioners
.. 4th Respondent/1st Respondent
(4th respondent ex-parte before the Lower Court. Hence, notice may be dispensed with)
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 23.12.2003 made in M.C.O.P.No.477 of 2002 on the file of the Motor Accidents Claims Tribunal, Fast Track Court No.I, Tindivanam.
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For Appellant : Ms.Harini for M/s.N.Vijayaraghavan For RR-1 to 3 : Mr.P.Mani For R-4 : Ex-parte - - - - -
JUDGMENT
This civil miscellaneous appeal is directed against the judgment
and decree dated 23.12.2003 made in M.C.O.P.No.477 of 2002 on the file of the Motor Accidents Claims Tribunal, Fast Track Court No.I, Tindivanam.
the deceased respectively, as claimants have filed a claim petition in M.C.O.P.No.477 of 2002 before the Motor Accidents Claims Tribunal,
Fast Track Court No.I, Tindivanam, claiming a sum of Rs.1,50,000/- as compensation for the death of the deceased Ranganathan against the fourth respondent and appellant herein. The Tribunal, after considering the evidence adduced on the side of the claimants, awarded a sum of Rs.1,35,000/- along with interest at the rate of 9%
per annum from the date of petition and the respondents therein were
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directed to deposit the said amount before the Tribunal within 30 days. Aggrieved against the said award passed by the Tribunal, the present appeal is preferred by the appellant / second respondent.
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award passed by the Tribunal has to be confirmed and the civil
miscellaneous appeal has to be dismissed.
for the respondents 1 to 3 and perused the entire records.
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confirming the judgment and decree dated 23.12.2003 made in M.C.O.P.No.477 of 2002 on the file of the Motor Accidents Claims
Tribunal, Fast Track Court No.I, Tindivanam. Consequently, the connected miscellaneous petition is closed. No costs.
27.03.2017
Internet : Yes Jrl
To
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G.CHOCKALINGAM, J.
Jrl
Judgment in C.M.A.No.913 of 2006
27.03.2017
2 issues framed by the court
Whether head injury cited in post-mortem reports established proximate cause of death for liability.
Whether the quantum of compensation awarded by the Tribunal was illegal or infirm.
1 provisions across 1 enactments
The New India Assurance Co. Ltd.
Natarajan
Rajendran
Pattammal
Chandran
The New India Assurance Co. Ltd.
G. Chockalingam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
