Manjunathan, v. S. Prakash
Case brief
What is this about?
Appeal against MVC Tribunal dismissal. Court set aside award dismissing claim where claimant drove under alcohol influence. Granted Rs.25,000 in no-fault liability.
What did the court decide?
Set aside judgment dated 03.02.2016. Assigned Rs.25,000 in no-fault liability plus interest and costs. Insurance company directed to deposit within six weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2019
CORAM:
THE HONOURABLE MRS.JUSTICE S.RAMATHILAGAM
C.M.A.No. 1279 of 2016
Manjunathan ... Appellant/Petitioner
Vs.
- S.Prakash
2.M/s. New India Assurance Company Ltd., Divisional Office, No.1, Officer's Line, Vellore. ... Respondents/Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 03.02.2016 made in M.C.O.P.No.46 of 2012 on the file of the Motor Accident Claims Tribunal, I Additional District and Sessions Court, Vellore.
For Appellant : M/s.C.Prabakaran
For R2 : Mr J. Chandran
Issues for consideration
2 issues framed by the court
Whether the Tribunal's finding of the claimant's sole responsibility due to alcohol consumption warrants the setting aside of the dismissal of the claim.
Whether no-fault liability under the Motor Vehicles Act applies to grant limited compensation despite the claimant's contributory negligence.
Parties & counsel
- appellant
Manjunathan
- respondent
S.Prakash
- respondent
New India Assurance Company Ltd.
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court