Vadivel v. Ramesh
Case brief
What is this about?
CMA against MAC Tribunal award in motor accident claim. HC enhanced compensation from 2.11 lakh to 3.75 lakh by modifying contributory negligence from 60% to 50% and adding loss of amenities, interest, and costs.
What did the court decide?
Compensation enhanced to Rs. 3,75,000/-; interest at 7.5% directed; 8 weeks time for deposit.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on: 14.08.2020 Pronounced on: 19.08.2020
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.M.A.No.1674 of 2015
Vadivel
...Appellant /Petitioner
/versus/
1.Ramesh
2.The Divisional Manager,
ICICI Lombard General Insurance Company Ltd., Chotabhai Centre,
2nd and 3rd Floor,
Nungambakkam High Road, Chennai ...Respondents/Respondents
Issues for consideration
3 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal for loss of vision, disability, and earning capacity was adequate.
Whether the assessment of contributory negligence by the Tribunal was correct.
Whether the compensation award needed modification to account for the claimant's injuries and losses.
Parties & counsel
- appellant
Vadivel
- respondent
1.Ramesh
- respondent
The Divisional Manager, ICICI Lombard General Insurance Company Ltd.
Coram
Case details
As recorded by the court registry
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