G.Mohan v. G.Periyasamy
Case brief
What is this about?
In an appeal against a Motor Accidents Claims Tribunal award, the High Court enhanced the compensation from Rs. 54,000 to Rs. 1,37,097 based on disability and income loss.
What did the court decide?
Compensation enhanced from Rs. 54,000 to Rs. 1,37,097 with interest at 7.5% per annum.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.09.2019
CORAM:
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
CMA.No.1511 of 2009
G.Mohan ...Appellant/Petitioner
1.G.Periyasamy 2.The Branch Manager, Iffco-Tokyo General Insurance Co. Ltd., Thulasi Chambers, 3rd floor, 195 T.V.Sami road (W), R.S.Puram, Coimbatore. ... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the decree and Judgment dated 29.10.2008 passed in MCOP.No.281 of 2007 on the file of the Motor Accidents Claims Tribunal / Additional District Court, Fast Track Court No.1, Erode.
For Appellant : Mr.N.Manokaran
For Respondents : Mr.N.Vijayaraghavan for R2 No appearance for R1
The appellant is the claimant in MCOP.No.281 of 2007 on the file of the Motor Accidents Claims Tribunal / Additional District Court, Fast Track Court No.1, Erode. He filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.3,50,000/- for the injuries sustained by him in a road accident that took place on 13.12.2006.
Issues for consideration
2 issues framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal is inadequate considering the permanent disability and loss of income.
Whether the compensation awarded by the Tribunal is to be enhanced.
Parties & counsel
- appellant
G. Mohan
- respondent
1. G. Periyasamy
- respondent
IFFCO Tokyo General Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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