Rangammal v. K.S.Mani
Case brief
What is this about?
In this quantum appeal, the High Court enhanced the motor accident compensation awarded by the Tribunal by Rs.2,17,000/- following National Insurance Co. Ltd. v. Pranay Sethi and directed the insurer to deposit the enhanced amount with interest.
What did the court decide?
The compensation awarded by the Tribunal is enhanced to Rs.4,58,000/-. The respondent insurer is directed to deposit the amount with 7.5% p.a. interest within six weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2018
CORAM
THE HONOURABLE MR. JUSTICE S.BASKARAN
CIVIL MISCELLANEOUS APPEAL NO.2588 OF 2010
1.Rangammal
2.Raman ... Appellants/Petitioners
..vs..
1.K.S.Mani
2.M/s.Bajaj Alliance Insurance Co. Ltd.,
No.11(Office No.6-A), Peoples Park 3 rd Floor,
Government Art College Road,
Coimbatore. ... Respondents/Respondents
This Civil Miscellaneous Appeal has filed under Section 173 of Motor Vehicles Act, 1988, against the Fair and Decreetal order dated 26.02.2010 made in MCOP.No.341 of 2007 on the file of the Motor Accident Claims Tribunal/Principal Sub Judge, Gobichettipalayam.
For Appellants : Mr.S.Kamadevan
For 2 nd Respondent : Mr.S.Arunkumar
R1-set exparte
before Lower Court
JUDGMENT
Being not satisfied with the quantum of compensation awarded by the Tribunal, dated 26.02.2010 made in MCOP.No.341 of 2007 on the file of the Motor Accident Claims Tribunal/Principal Sub Judge, Gobichettipalayam, the present appeal has been filed by the petitioners/claimants for enhancement of the award amount.
2.For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.
Issues for consideration
2 issues framed by the court
Whether the compensation awarded by the Tribunal in the motor accident claim was adequate and required enhancement?
What is the correct multiplier and head-wise breakup for loss of dependency in the light of the Supreme Court decision?
Parties & counsel
- appellant
Rangammal
- appellant
Raman
- respondent
K.S.Mani
- respondent
M/s.Bajaj Alliance Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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