Krishnaveni v. Thirupathi
Case brief
What is this about?
Civil Miscellaneous Appeal against Motor Accident Claims Tribunal award. The Court held the Tribunal's award of Rs.4,48,750/- was just and fair, dismissing the appellant's plea for enhancement of compensation.
What did the court decide?
Appeal dismissed. Tribunal award of Rs. 4,48,750/- confirmed. Insurance company directed to pay Rs. 2,00,000 at first instance; tractor owner to pay balance Rs. 2,48,750.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2019
CORAM:
THE HONOURABLE MRS.JUSTICE S.RAMATHILAGAM
C.M.A.No.2838 of 2015
1.Krishnaveni
2.Chitra
3.Saritha
4.Minor Dinesh
(Minor represented by mother appellant -1)
5.Nadipodan
6.Muniammal .. Appellants/Claimant
Vs.
1.Thirupathi
2.The Cholamandalam General Insurance Co. Ltd.,
II Floor, No.60, Mosuvana Street,
EVN Road, Erode – 638 009. .. Respondents/Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 08.02.2011 in MCOP.No.51 of 2010 on the file of the Motor Accident Claims Tribunal, Additional District Court, (FTC), Tirupattur, Vellore District.
This Civil Miscellaneous Appeal has been preferred against the judgment and decree dated 08.02.2011 in MCOP.No.51 of 2010 on the file of the Motor Accident Claims Tribunal, Additional
District Court, (FTC), Tirupattur, Vellore District.
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the Motor Accident Claims Tribunal's award regarding liability of the insurance company and quantum of compensation.
Whether the Tribunal correctly classified the deceased as an unauthorized passenger and assessed compensation.
Parties & counsel
- appellant
Krishnaveni
- appellant
Chitra
- appellant
Saritha
- appellant
Minor Dinesh
- appellant
Nadipodan
- appellant
Case details
As recorded by the court registry
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