The Branch Manager v. Tmt. Tamil Selvi
Case brief
What is this about?
The Court dismissed the insurer's appeal against the quantum of compensation awarded to a cabin-injured housewife. While noting a minor arithmetic error in the final sum, the Court upheld the Tribunal's finding of negligence and the assessment of loss of earning based on the loss of gratuitous services.
What did the court decide?
The appeal was dismissed; the claim for interim stay was dismissed; the insurer was ordered to deposit the corrected balance of compensation with interest.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
The Honourable Mr.Justice S.Manikumar and
The Honourable Mr.Justice M.Govindaraj
Civil Miscellaneous Appeal No.748 of 2016 and
C.M.P.Nos.6119 of 2016 and 1813 of 2017
The Branch Manager
The United India Insurance Co. Ltd., No.64, Armenian Street Parrys, Chennai - 600 001 ... Appellant/3rd respondent
Vs
1.Tmt.Tamil Selvi (Rep. by her husband & NF Raman)..1st respondent/claimant
2.The Managing Director Tamil Nadu State Transport Corporation (Division-1), Kumbakonam-612 001
Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 07.09.2015, passed in M.C.O.P.No.276 of 2013, by the Motor Accident Claims Tribunal, (Chief Judicial Magistrate Court), Nagapattinam.
Issues for consideration
2 issues framed by the court
Whether the High Court could interfere with the findings of negligence fixed on the trailer lorry driver and the quantum of compensation awarded.
Whether the Tribunal correctly assessed loss of earning for partially disablement and characterized as a housewife.
Parties & counsel
- appellant
The Branch Manager, The United India Insurance Co. Ltd.
- respondent
Tmt. Tamil Selvi
- respondent
The Managing Director Tamil Nadu State Transport Corporation
Coram
Case details
As recorded by the court registry
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