Civil Miscellaneous Appeal filed against an award was dismissed as not pressed, as the Insurance Company had already filed an appeal challenging the same award which this Court disposed of.
Appeal dismissed as not pressed; no costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.07.2020
CORAM:
THE HON'BLE MR. JUSTICE R.MAHADEVAN
Civil Miscellaneous Appeal No.2909 of 2017
..Vs..
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree, dated 03.07.2017, made in MCOP No.742 of 2011 on the file of the Motor Accident Claims Tribunal, Sub Court, Sankari.
This Civil Miscellaneous Appeal has been filed by the claimant / appellant, challenging the quantum of compensation awarded by the Claims Tribunal at Rs.62,25,000/-.
2.At the outset, the learned counsel for the appellant / claimant has submitted that challenging the very same award in MCOP No.742 of 2011, the Insurance Company / Insurer has preferred an Appeal in CMA No.1850 of 2018 before this Court and this Court, in the said Appeal, has given the following directions:-
“12. We have considered the rival submissions. We find justification in the arguments of Mr.S.Arunkumar, learned counsel appearing for the Insurance Company. In view of the judgment of the larger bench of the Hon'ble Supreme Court in National Insurance Co. Ltd Vs. Pranay Sethi and others referred
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to supra, we are unable to uphold the addition of 50% towards future prospects. The award of Rs.1,00,000/- towards loss of consortium and Rs.1,00,000/- towards loss of love and affection are also on the higher side. Therefore, the award of the Tribunal has to be reworked and modified as follows: Loss of Dependency = Rs.4,00,000/- + 40% x 2/3 x 15 = [Rs.4,00,000/- + Rs.1,60,000/-] x 2/3 x 15 = Rs.55,99,999/-
The same is rounded off to Rs.56,00,000/-
Award towards Amount Loss of Dependency :
Rs.56,00,000/Loss of Consortium : Rs. 40,000/Loss of Love and affection: Rs. 25,000/Funeral expenses : Rs. 25,000/Loss of Estate : Rs. 15,000/Total : Rs.57,05,000/Thus, the total award works out to Rs.57,05,000/-, the award will carry interest at 7.5% per annum with proportionate interest and costs.”
3.In view of the above, the learned counsel for the appellant submitted that he is not pressing the instant appeal, since the subject matter in issue has already been decided in the Appeal, cited supra. He has also sent an e-mail in this regard to the Registry.
Sd/-
Assistant Registrar //True Copy//
Sub Assistant Registrar
To
C.M.A.No.2909 of 2017 ppa(CO) rv(18/01/2021)
Colour shows how this judgement treated each authority
National Insurance Co. Ltd Vs. Pranay Sethi and othersReferred¶29
National Insurance Co. Ltd Vs. Pranay Sethi and others
1 provisions across 1 enactments
1. Rajeswari Alagammal (Died) / 1. Gunasekaran
2. National Insurance Co. Ltd.
R. Mahadevan
As recorded by the court registry
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