Cholamandalam Ms General v. Nishanth
Case brief
What is this about?
The Motor Accident Claims Tribunal's award of Rs. 16.12 lakhs was challenged. Upon mutual consent that the claim was excessive, the court settled the compensation at Rs. 13 lakhs. The insurer was directed to deposit the balance amount within four weeks, and the appeal was allowed in part.
What did the court decide?
Compensation fixed at Rs. 13 lakhs. Appellant directed to deposit balance amount within four weeks. Connected miscellaneous petitions closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22/3/2017
The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice M.Govindaraj
Civil Miscellaneous Appeal No.2575 of 2016
Cholamandalam MS General Insurance Co.Ltd., Waheeja Corporate Centre III Floor, No.1 Village Road Nungambakkam Chennai 34. ... Appellant Vs
- Nishanth 2. Prasanth ... Respondents
Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 15/04/2016 made in MCOP No.1071 of 2012 on the file of the Motor accident Claims Tribunal, II Court of Small Causes, Chennai.
For Appellant : Mr.N.Vijayaraghavan For Respondents : Mr.B.Mohan Raj J U D G M E N T
(Judgment of the Court was made by S.Manikumar,)
Being aggrieved by the quantum of compensation of Rs.16,12,000/-, with interest, at the rate of of 7.5% p.a., from the date of claim till realization, awarded in M.C.O.P.No.1071 of 2012, dated 15/4/2016, on the file of the Motor Accident Claims Tribunal (II Judge, Court of Small Causes), Chennai, M/s. Cholamandalam Ms General Insurance Co Ltd., Chennai, has filed the instant appeal, on the grounds inter alia that the quantum of compensation awarded under certain heads is on the higher side.
Issues for consideration
3 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal requires reduction?
How the balance amount after settlement and deduction of statutory deposit should be deposited?
Whether the connected Miscellaneous Petitions require closure upon settlement?
Parties & counsel
- appellant
Cholamandalam MS General Insurance Co. Ltd.
- respondent
Nishanth
- respondent
Prasanth
Coram
Case details
As recorded by the court registry
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