India Insurance Co. appealed against a Motor Accidents Tribunal award. The Madurai Bench partly allowed the appeal, reducing the compensation from Rs. 7.2 lakh to Rs. 5.7 lakh, and directed the appellant to deposit the amount.
Award reduced from Rs. 7,20,000 to Rs. 5,70,000; Appellant directed to deposit amount with interest.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Monday, the Sixth day of November Two Thousand Seventeen
PRESENT
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.M.A.(MD)No.1128 of 2015
Erode, represented by its Branch Manager,
No.2 Road, Mayiladuthurai.
... Appellants
Vs.
1.Gomathi
(R2 declared as major and guardian
stands discharged vide Court order
dated 27.04.2017 made in CMP(MD)No.
3273 of 2017 in CMA(MD)No.1128 of 2015)
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and degree dated 19.11.2013 made in M.C.O.P No.687 of 2007 on the file of the Motor Accidents Claims Tribunal, Additional Subordinate Court, Kumbakonam.
Decree: This Civil Miscellaneous Appeal coming on for hearing on this day. Upon perusing the grounds of Appeal, the Judgment and Decree of the Lower Court and the material papers in this appeal and upon hearing the argument of Mr.J.S.Murali, Advocate for the Appellants and of Mr.S.Raja Prabhu, Advocate for the 1st and 2nd respondents and the R3 and R4 were set ex-parte, this court while partly allowing this appeal with modification, doth order and decree as follows:-
2
Sd/-
Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar
To
1.The Additional Subordinate Judge, Motor Accidents Claims Tribunal, Kumbakonam.
2.The Record Keeper, VR Section,
Madurai Bench of Madras High Court, Madurai.
+1CC TO M/S.J.S.MURALI, ADVOCATE, SR NO.85614 +1CC TO M/S.S.RAJA PABHU, ADVOCATE, SR NO.85669
MS/JC/SAR.1/02.03.2018/2P.6C
ORDER DATED: 06.11.2017
DECREE
C.M.A(MD)No.1128 of 2015
Partly allowing this Civil Miscellaneous Appeal preferred against the award passed by the MACT/ Additional Subordinate Court, Kumbakonam in M.C.O.P.No.687 of 2007, dated 19.11.2013.
2 issues framed by the court
Whether the award amount awarded by the Motor Accidents Claims Tribunal should be reduced.
Whether the appellant insurance company should be directed to deposit the reduced compensation amount.
1 provisions across 1 enactments
The United India Insurance Company Limited
Gomathi
Vaishnavi
Pitchaiyammal
Abdul Azeez
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
