Murugesan v. K.Selvaraj
Case brief
What is this about?
Civil Miscellaneous Appeal filed to enhance motor accident compensation. High Court allowed part of the appeal, relying on 28% disability and increased pain/suffering to raise award from Rs.55,000 to Rs.1,10,200 including future expenses.
What did the court decide?
Appeal partly allowed; compensation enhanced to Rs.1,10,200 with 9% interest; insurance company directed to deposit within four weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 16.04.2021
Coram :
THE HONOURABLE MRS. JUSTICE S.KANNAMMAL
Civil Miscellaneous Appeal No. 1828 of 2014
Murugesan .. Appellant/ Petitioner
Versus
1.K.Selvaraj 2.National Insurance Co.Ltd., Tiruchengodu Town, Namakal District. 3.Senthil Kumar .. Respondents/ Respondents
Civil Miscellaneous Appeal filed under Section 173 of The Motor Vehicles Act, 1988 against the Judgment and Decree dated 30.07.2004 made in M.C.O.P.No.323 of 1997 on the file of the Motor Accident Claims Tribunal and Sub-Judge, Attur.
For Appellant : Mr.A.A.Venkatesan For R2 : M/s.S.Vadivel
JUDGMENT
(heard through video-conferencing)
Issues for consideration
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal was adequate considering the disability and injuries sustained.
Whether enhancement is necessary to meet the principles of fair compensation under Motor Vehicles Act.
Parties & counsel
- appellant
Murugesan
- respondent
National Insurance Co.Ltd.
- respondent
Senthil Kumar
Coram
Case details
As recorded by the court registry
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