Resolved a civil miscellaneous appeal challenging an accident claims award. Upheld the Tribunal's finding that the insurer is liable despite certain policy conditions. Dismissed the appeal against a Rs.10,000 compensation award.
Appeal dismissed. Appellant directed to deposit award amount with interest and costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2019
CORAM:
THE HON'BLE MR. JUSTICE R.MAHADEVAN
Civil Miscellaneous Appeal No.2319 of 2005
& CMP No.12376 of 2005
New India Assurance Co. Ltd., Arni
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree, dated 29.10.2004 made in MCOP No.469 of 2001 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Cheyyar.
The claimant, C.Rajendran, aged 24, doing Biscuit Business, earning a sum of Rs.4,000/- per month, met with an accident on 27.04.2001. In respect of the injuries sustained, he claimed a sum of Rs.30,000/- as compensation. The Tribunal has passed an award for a sum of Rs.10,000/- under the head of Pain and suffering, Medical expenses and loss of income, in total.
e d
had liability to pay by way of indemnification. The said finding of the Tribunal is based upon facts, evidence and settled principles of law, which in the opinion of this Court is perfectly valid and does not require any interference.
Sd/Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar
srk To
+1 cc to Mr.M.Krishnamoorthy Advocate sr47614
CMA No.2319 of 2005 & CMP No.12376 of 2005
vp(co) aa19/09/2019
1 issue framed by the court
Whether the Hospitalization and Medical Expenses clause in the insurance policy renders the insurer liable to pay compensation awarded by the Tribunal.
1 provisions across 1 enactments
New India Assurance Co. Ltd.
C. Rajendran
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
