Shobana v. S.Shanmugavel
Case brief
What is this about?
Appeal against Motor Accident Claims Tribunal award. Court upheld award noting appellant remarried; no need to enhance love and affection/consortium compensation. Appeal dismissed.
What did the court decide?
Civil Miscellaneous Appeal is dismissed; Tribunal award confirmed.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.11.2016
Coram:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A(MD)No.963 of 2014
Shobana .. Appellant / Petitioner
-Vs-
1.S.Shanmugavel
2.The Branch Manager, The United India Insurance Co. Ltd., 50/1, S.N.High Road (1st Floor), Tirunelveli.
3.Jeya
4.N.Raja .. Respondents /Respondents
Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.No.1779 of 2008, on the file of the Motor Accident Claims Tribunal, V Additional District Judge, Madurai, dated 26.09.2013.
Issues for consideration
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal requires enhancement given the appellant's remarriage and altered financial circumstances.
Whether the notional monthly income fixed by the Tribunal for the deceased was erroneous and required upward revision.
Parties & counsel
- appellant
Shobana
- respondent
S.Shanmugavel
- respondent
The Branch Manager, The United India Insurance Co. Ltd., 50/1, S.N.High Road (1st Floor), Tirunelveli.
- respondent
Jeya
- respondent
N.Raja
Case details
As recorded by the court registry
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