This appeal against a Motor Accidents Claims Tribunal award was dismissed. The Court held that the awarded sum of Rs.5,00,000/- was reasonable based on the evidence regarding injuries and income, confirming the Tribunal's decision.
Civil Miscellaneous Appeal dismissed; Tribunal award of Rs.5,00,000/-, plus interest at 7.5% p.a., confirmed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2019
CORAM:
THE HONOURABLE MRS.JUSTICE S. RAMATHILAGAM
C.M.A.No.2582 of 2019
Ramasamy
... Appellant/Petitioner
Vs.
... Respondents/Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 06.07.2018 and made in M.C.O.P.No.705 of 2010 on the file of the Motor Accident Claims Tribunal, Sub-ordinate Judge Court, Sankari.
For Appellant : Mr.T.S.Arthanareeswaran J U D G M E N T
This Civil Miscellaneous Appeal has been filed against the award and decree made in M.C.O.P.No.705 of 2010, dated 06.07.2018, on the file of the Motor Accidents Claims Tribunal/ Subordinate Judge Court, Sankari.
there is no rash and negligent driving on the part of the first respondent/Driver belonging to the second respondent/Insurance Company.
(a)Ex.P1 : Copy of FIR (b)Ex.P2 : Medical and Transport Bills (c)Ex.P3 : Discharge Summary (d)Ex.P4 : Insurance Certificate (e)Ex.P5 : Discharge Summary (f)Ex.P6 : Wound Certificate (g)Ex.P7 : Discharge Summary (h)Ex.P8 : Copy of X-ray
On the side of the second respondent/The United India Insurance Company Limited, witnesses R.W.1 and R.W.2 were examined and following exhibits were marked:
Ex.R.1. : Final Report Ex.R.2 : Insurance Certificate
occurred only due to the rash and negligent driving of the injured person. Further, his grievance is that the appellant sustained only simple injuries and there is no permanent disability.
of six weeks from the date of receipt of a copy of this order. On such deposit being made, the appellant/claimant is permitted to withdraw the entire amount as ordered by the Tribunal. No costs. Consequently, connected Miscellaneous Petition is closed.
s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
ssb
To
1. The Sub-ordinate Judge
The Motor Accident Claims Tribunal
Sankari
C.M.A.No.2582 of 2019
VGII(CO)
SP(10/11/2020)
1 issue framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal was adequate and required to be enhanced.
2 provisions across 2 enactments
Ramasamy
Senthamizh Selvan
United India Insurance Company Limited
S. Ramathilagam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
