Maari v. Ramesh
Case brief
What is this about?
The High Court allowed the appeal against the Motor Accident Claims Tribunal's order, enhancing compensation for the death of a motorcyclist. The Court held the insurer liable to pay first and directed an increase in damages based on proper multiplier calculations and heads like loss of dependency.
What did the court decide?
Compensation enhanced to Rs.12,79,600 with interest; 2nd respondent directed to deposit amount and recover from the owner.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.09.2019
CORAM:
THE HONOURABLE MRS. JUSTICE. R.HEMALATHA
CMA No.2735 of 2009
- Maari
2. Manjula
( 2nd appellant declared as Major
Memo recorded vide order dated 24.9.2019)
... Appellants/ Petitioners
Vs.
1. Ramesh
2. The Iffoo-Tokio General Insurance Company Limited,
No.28, I and II floor, North Usman Road,
Chennai-17. ... Respondents/ Respondents
This Civil Miscellaneous Appeal has been filed under
Section 173 of the Motor Vehicles Act, 1988 against the orders
dated 11.03.2009 passed in MCOP No.80 of 2007 by the
Subordinate Judge/ Motor Accident Claims Tribunal,
Tirupatthur, Vellore District.
For Appellants : Mr.M.Nallappan
For Respondents : Mr.N.Vijayaraghavan (for R2)
No appearance for R1
JUDGMENT
The appellants are the claimants in MCOP No.80/2007 on the file of the Subordinate Judge/ Motor Accident Claims Tribunal, Tirupatthur, Vellore District. They filed the above said claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.5,00,000/- for the death of one Elumalai, son of the first claimant and brother of the 2nd claimant, in a road accident that took place on 03.03.2007.
- The case of the appellants/claimants is that on 03.03.2007 the deceased Elumalai was riding his motorcycle bearing registration No.23-K-3214 on Tirupattur-Salem Road. At about 8.45 a.m. when he was nearing Pulukkuddai Junction, a speeding Mini Lorry bearing Registration No.TN29-M-1339 belonging to the first respondent hit the motorcycle, as a result of which, he sustained multiple injuries and died on the spot. According to the claimants, the rash and negligent driving of the driver of the Mini Lorry https://hcservices.ecourts.gov.in/hcservices/ was the cause of accident and that since the owner of the Mini
Issues for consideration
3 issues framed by the court
Whether the insurance company is liable to pay compensation in the first instance before recovering it from the vehicle owner despite the driver's lack of a valid license.
Whether the Tribunal erred in excluding contributory negligence on the part of the deceased given the evidence of rash driving by the lorry driver.
Whether the compensation awarded by the Tribunal was insufficient considering the deceased's age, occupation, and future prospects.
Parties & counsel
- appellant
Maari and Manjula
- respondent
Ramesh
- respondent
The Iffoo-Tokio General Insurance Company Limited
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court