Stalin v. Prakash
Case brief
What is this about?
The High Court dismissed the insurer's appeal maintaining liability under Section 157 and allowed the claimant's appeal to enhance compensation from Rs. 7,77,280 to Rs. 10,77,100.
What did the court decide?
Compensation enhanced from Rs. 7,77,280 to Rs. 10,77,100; insurer directed to deposit the full amount with interest.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.11.2017
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.M.A.(MD)Nos. 1114 of 2016 & 231 of 2017 and C.M.P.(MD).Nos.9678 of 2017 & 10133 of 2016 in C.M.A.(MD).No.1114 of 2016
Reliance General Insurance Company Limited, 2nd Floor, Jacksons Manorama Junction, Selliyuzhujiram, Kottayam, Kerala State, Represented by its Manager.
... Appellant/Respondent No.3 (in C.M.A.(MD).No.1114 of 2016)
Stalin
... Appellant/Petitioner (in C.M.A.(MD).No.231 of 2017)
(Cause title accepted as per the Order of this Court dated 17.10.2016 made in C.M.P.(MD).No.9536 of 2016)
Vs.
Issues for consideration
3 issues framed by the court
Whether the insurer remains liable when the vehicle policy stands in the name of a different person than the actual vehicle owner.
Whether the quantum of compensation awarded by the Tribunal should be enhanced given the loss of earning capacity of a minor child.
Whether the appeal filed by the insurer lacks merit in light of the deemed transfer provision of the Motor Vehicles Act.
Parties & counsel
- appellant
Reliance General Insurance Company Limited
- appellant
Stalin
- respondent
Prakash
- respondent
Raghu
- respondent
Shigimon
- respondent
Case details
As recorded by the court registry
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