United India Insurance Co. Ltd. v. J.D. Prema Bharathi
Case brief
What is this about?
High Court quashed a lower tribunal award fixing liability with a motorcycle insurer in a fatal accident. Court found negligence lay with an unknown van (hit and run) but dismissed the appeal and cross-objection to preserve claimants' welfare benefits under the scheme.
What did the court decide?
Dismissed the appeal and the cross objection without costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 14.08.2020 PRONOUNCED ON : 21.08.2020
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN
Civil Miscellaneous Appeal No.327 of 2015
and
Cross Objection No.9 of 2020
C.M.A.No.327 of 2015
M/s.United India Insurance Company Ltd., No.44, GST Road, Guindy, Chennai-32. ...Appellant/2nd Respondent
vs
1.J.D.Prema Bharathi, 37 years, W/o.J.Devasubramani (Late)
2.J.D.Devaraja (Minor), 14 years, S/o.J.Devasubramani (Late)
3.J.D.Moulambika (minor), 10 years, D/o.J.Devasubramani (Late)
Issues for consideration
2 issues framed by the court
Whether the Tribunal erred in attributing negligence to the motorcycle rider when facts indicated a hit and run by a van?
Whether liability under the Scheme of no fault liability applies in cases of hit and run motor accidents?
Parties & counsel
- appellant
United India Insurance Company Ltd.
- respondent
J. D. Prema Bharathi
- respondent
S. Madhavan
Coram
Case details
As recorded by the court registry
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