The National Insurance Com Ltd. v. S.Balu
Case brief
What is this about?
Civil Miscellaneous Appeal by an Insurance Company against an MACT award. The Court noted that the appellant had deposited the entire awarded amount and the claimant had withdrawn it, leading to the closure of the appeal.
What the court decided
A compact analysis
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 : 09.07.2019
THE HONOURABLE MRS.JUSTICE S.RAMATHILAGAM
The National Insurance Company Ltd., No.165, Nethaji Road, Manjakuppam, Cuddalore.
Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle Act 1988, against the award and decree dated 08.04.2013 made in O.P.No.836 of 2010 on the file of the Motor Accidents Claims Tribunal (Special Subordinate Court), Cuddalore.
This Civil Miscellaneous Appeal has been preferred by the Insurance Company against the award dated 08.04.2013 passed in O.P.No.836 of 2010 by the Motor Accidents Claims Tribunal (Special Subordinate Court), Cuddalore.
- The brief facts of the appellant is that on 07.05.2010 at about 4.00 p.m., while the first respondent was riding his moped bearing Registration No. TN-04-A4862 on the left side of the Cuddalore - Vridhachalam Road at Thondamanatham, the second respondent's Van bearing Registration No.TN-31-H-3363 came in the opposite direction at a very high speed in a rash and negligent manner, hit against the first respondent's moped and caused the accident. Due to the impact, the first respondent sustained grievous injuries and multiple fractures all over his body, and he became a permanent disabled in spite of the treatment given. Since the second respondent is the owner and the appellant is the insurer of the vehicle, the first respondent filed a Claim Petition against them before the Motor Accident Claims Tribunal (Special Subordinate Court), Cuddalore, claiming a sum of Rs.5,00,000/- as compensation for the expenditure made for the treatment.
Parties & counsel
- appellant
The National Insurance Company Ltd.
- respondent
First Respondent
Coram
S. Ramathilagam
Case details
As recorded by the court registry
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