Appeal against Motor Accidents Claims Tribunal award. Insurance company challenged the income calculation and total compensation. High Court upheld Tribunal's calculation based on filed returns and dismissed the appeal.
Civil Miscellaneous Appeal dismissed. Tribunal award upheld. Insurance company compelled to deposit entire compensation within six weeks.
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 : 03.12.2020
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
C.M.A.No.1790 of 2020 and CMP.No.13164 of 2020
The Divisional Manager, M/s. IFFCO-TOKIO General Insurance Company Limited, Puducheri. ...Appellant/II Respondent Vs.
Both residing at No.70, Muthumariamman Koil Street, Puducheri – 605 001.
PRAYER:- Civil Miscellaneous Appeal preferred under Section 173 of Motor Vehicles Act against the judgment and decree dated 14.02.2020 made in MCOP No.318 of 2017 on the file of the Motor Accidents Claims Tribunal (II Additional District Judge), Puducheri.
For Appellant : Mr. J.Michael Visuvasam
J U D G M E N T
This Civil Miscellaneous Appeal has been filed by the Insurance company.
deducting the amount, if any already deposited, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, it is for the claimants to move a petition before the Tribunal for withdrawing the said amount as apportioned by the Tribunal. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.
Sd/Assistant Registrar(CS-V)
//True Copy//
Sub Assistant Registrar
rpp
To
The Motor Accidents Claims Tribunal, II Additional District Judge, Puducheri.
+1cc to M/s.J.Michael Visuvasam, Advocate, S.R.No.38901
C.M.A.No.1790 of 2020
KV(CO) RGA(03/09/2021)
3 issues framed by the court
Whether the Monthly Income of the deceased should be calculated based on the Income Tax Returns for the year prior to the accident or the last filed return.
Whether the calculation of loss of dependency and other heads of compensation by the Tribunal was legally sustainable.
Whether the Civil Miscellaneous Appeal filed against the award of the Tribunal has any merit.
1 provisions across 1 enactments
The Divisional Manager, M/s. IFFCO-TOKIO General Insurance Company Limited
B.Sohan Bai
B.Sampath Raj Jain
B. Ghyanchand Jain
B.Ashok Kumar
Giridharan
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
