Raja v. Arjunan
Case brief
What is this about?
This High Court allowed in part a civil miscellaneous appeal against a Motor Accident Claims Tribunal award. The court enhanced permanent disability compensation from 50% to 72%, added awards for loss of amenities, transportation, and future loss of income, raising the total awarded amount.
What did the court decide?
Compensation enhanced from Rs.7,22,563/- to Rs.8,71,563/- including permanent disability, loss of amenities, transportation, and future loss of income, with interest at 7.5% per annum.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.07.2019
THE HONOURABLE TMT. JUSTICE S.RAMATHILAGAM
C.M.A.No.2828 of 2019
Raja
...Appellant
Vs.
1.Arjunan 2.United India Insurance Co., Ltd., A.K.M. Tower, 1st Floor, No.397-1, Junction Main Road, Salem – 636 104. ...Respondents
PRAYER: Civil Miscellaneous Appeal filed against the Judgment and decree dated 21.12.2008 passed in MACTOP.No.5 of 2013 on the file of the Motor Accident Claims Tribunal/Subordinate Judge Court, Tiruchengode.
For Appellants : Mr.T.S.Arthanareeswaran For Respondents : Mr.J.Chandran for R2 Exparte - R1 JUDGMENT
The Civil Miscellaneous Appeal is filed by the appellant/claimant seeking enhancement of compensation granted by the Tribunal in the award dated 21.12.2008 made in MACTOP.No.5 of 2013 on the file of the Motor Accident Claims Tribunal/Subordinate Judge Court, Tiruchengode.
- Brief facts leading to the claim application are as follows:
Issues for consideration
3 issues framed by the court
Whether the compensation awarded by the Tribunal for permanent disability was adequate given the 72% disability assessment.
Whether the compensation claimed for loss of amenities, transportation, and future loss of income was justified.
Whether the civil miscellaneous appeal seeking enhancement of the motor accident compensation claim was maintainable.
Parties & counsel
- appellant
Raja
- respondent
Arjunan
- respondent
United India Insurance Co., Ltd.
Coram
Case details
As recorded by the court registry
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