Vasantha v. M.Kumar
Case brief
What is this about?
In this appeal, the appellant mother challenged the Motor Accident Claims Tribunal award of Rs. 75,000 for a fatal Tractional Accident致死. The Single Judge held the award was on the higher side per Supreme Court guidance and dismissed the appeal.
What did the court decide?
The appeal was dismissed; the Tribunal's award was upheld.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
C.M.A.NO.209 OF 2018
1.Vasantha
2.Ganesan ... Appellants/Petitioner
Vs.
1.M.Kumar
2.The United India Insurance Co. Ltd.,
48, Arcot Road, Saligramam,
Chennai - 600 093. ... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 08.09.2017 made in M.A.C.T.O.P.No.809 of 2014 on the file of the Motor Accident Claims Tribunal, II Additional District Judge, Thiruvallur at Poonamallee.
For Appellants : Ms.M.Malar
J U D G M E N T
This Civil Miscellaneous Appeal is directed against the award dated 08.09.2017 passed by the Motor Accident Claims Tribunal, II Additional District Judge, Thiruvallur at Poonamallee, in M.A.C.T.O.P.No.809 of 2014.
- The claimants are the appellants. They filed a claim petition for the accident that had happened on 13.09.2014 at about 10.00 p.m. In the accident, the mother of the claimants suffered death. The deceased was eighty years old. When she was walking on Ambattur to Pudhur Main Road, the motorcycle rider, rode the vehicle bearing Registration No.TN20-AM-9492 in a rash and negligent manner and hit from behind. In that accident, the deceased suffered head injuries and died on 16.09.2014. Based on Ex.A1 - First Information Report, the Tribunal had found that the rider of the motorcycle was rash and negligent and caused death. Since the deceased was 80 years old, which is evident
Issues for consideration
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal should be increased.
Parties & counsel
- appellant
Vasantha
- appellant
Ganesan
- respondent
M. Kumar
- respondent
The United India Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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