Vs
Case brief
What is this about?
The Court dismissed the civil miscellaneous appeal filed by an insurer against an award of Rs. 50,000 by the MACT. The appeal was stopped by a prior judgment of a Division Bench enhancing compensation to the claimants in similar circumstances.
What the court decided
A compact analysis
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: 03.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
C.M.A.No.15 of 2002
National Insurance Co. Ltd., Karur. ... Appellant Vs. 1.Thangammal 2.Minor Lavanya @ Lalitha 3.Minor Prabhakaran Minors represented by mother and NF Thangammal 4.Mariyayi ammal 5.Gopalakrishnan 6.Mani 7.National Insurance Co. Ltd, Erode 8.Mahalingam ... Respondents
[Respondents 5 and 6 given up as unnecessary parties in CMA 8th Respondent/driver unnecessary party in CMA]
Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree made in MCOP.No.792 of 1998 dated 19.07.2001 on the file of the Motor Accidents Claims Tribunal, II Additional District Court, Erode.
For Appellant : Mr.N.Vijayaraghavan For Respondents 1 to 4 : Mr.V.Raghavachari Respondents 5 & 6 : Given up Respondent 7 : Served [No appearance] Respondent 8 : Ex parte
JUDGMENT
The fifth respondent in MCOP.No.792 of 1998 before the MACT [II Additional District Court, Erode] has come forward with this appeal challenging an award of Rs.50,000/- fastened on it along with the fourth respondent before the Tribunal. Parties would be referred to by their rank before the Tribunal.
Issues for consideration
1 issue framed by the court
Whether the civil miscellaneous appeal against the award of compensation by the MACT deserves to be allowed in light of a subsequent judgment enhancing compensation by this Court.
Parties & counsel
- appellant
National Insurance Co. Ltd.
- respondent
Thangammal
- respondent
Mariyayi Ammal
- respondent
Mahalingam
- respondent
National Insurance Co. Ltd., Erode
Case details
As recorded by the court registry
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