Ramalingam, v. S.Karthi
Case brief
What is this about?
In this Motor Accidents Claims Appeal, the High Court enhanced the compensation awarded to the claimant for injuries sustained in a motorcycle accident. The Court modified the medical expenses and awarded separate funds for pain and suffering.
What did the court decide?
Compensation enhanced to Rs. 2,08,000 (Rs. 1,49,000 for medical expenses + Rs. 25,000 for pain and suffering) with 9% interest.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
C.M.A.No.1861 of 2005
Ramalingam
... Appellant/Claimant
Vs
1.S.Karthi
2.P.Babu
3.National Insurance Co.Ltd., 1272-1273, Mettur Road Palaniappa Complex, Erode.
(R-1 driver of the vehicle remained exparte before the Tribunal. Hence
given up). ... Respondents/Respndents
Issues for consideration
3 issues framed by the court
Whether the Motor Accidents Claims Tribunal erred in awarding less compensation than claimed given the incurred medical bills.
Whether separate compensation for pain and suffering should be awarded when none was granted below.
Whether the compensation award requires modification and enhancement by the High Court on appeal.
Parties & counsel
- appellant
Ramalingam
- respondent
Karthi
- respondent
P. Babu
- respondent
National Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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