Siva Kumar v. M.Suresh
Case brief
What is this about?
The High Court enhanced motor accident compensation by reversing the Tribunal's rejection of medical bills and awarding additional amounts for loss of amenities and attender charges.
What did the court decide?
Compensation enhanced from Rs.1,53,000/- to Rs.3,66,366/- including medical expenses, loss of amenities, and attender charges. Interest at 7.5% awarded.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on: 04.08.2020 Pronounced on: 07.08.2020
Coram::
The Honourable Dr.Justice G.Jayachandran
C.M.A.No.1611 of 2016
P.Siva Kumar, S/o.C.Parasuramaan, No.18/40, Habibullah II Lane, Triplicane, Chennai – 600 005. .. Petitioner/Appellant /versus/
- M.Suresh, S/o.Munusamy, No.2, Kooram Road, Ozhakolpet, Kanchipuram District, Kanchipuram – 631 502. Tamil Nadu.
- Tata AIG Insurance Co Ltd., No.1, Ethiraj Salai, Egmore, Chennai – 600 008. ... Respondents/1st and 2nd Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 praying against the judgment and decree dated 28.07.2015 and made in M.C.O.P.No.4637 of 2012 on the file of the Motor Accidents Claims Tribunal, II Judge I/c / III Judge, (In the II Court of Small Causes, Chennai).
For Appellant : Mr.S.Vadivel For R2 : Ms.Harini, for Mr.N.Vijayaraghavan,
(The case has been heard through video conference)
Issues for consideration
3 issues framed by the court
Whether the Tribunal erred in rejecting consolidated medical bills due to lack of payment receipts.
Whether enhancement of compensation was justified considering the nature of injuries and disability.
Whether additional compensation for loss of amenities and attender's charges was warranted.
Parties & counsel
- appellant
P.Siva Kumar
- respondent
M.Suresh
- respondent
Tata AIG Insurance Co Ltd
Coram
Case details
As recorded by the court registry
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