Thilagam v. R.Arunthathi
Case brief
What is this about?
This court dismissed a Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act challenging a compensation award. The Tribunal's award of Rs. 50,000 with interest and costs is confirmed; the insurance company is directed to deposit the amount.
What did the court decide?
Confirmation of tribunal award of Rs. 50,000 with interest and costs; discharge of respondents to pay finalized amount.
What the court decided
A compact analysis
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
TUESDAY, THE TWENTIETH DAY OF APRIL
TWO THOUSAND AND TWENTY ONE
PRESENT:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No.375 of 2007
1.Thilagam
2.Minor R.Keerthana
Minor rep. by her mother/
guardian Thilagam
3.V.Subramaniam
4.Kuppammal ... Appellants / Petitioners
Versus
1.R.Arunthathi
2.The Branch Manager,
National Insurance Co. Ltd.,
81-D, Chetty Street,
Opp. Bus Stand,
Tiruchengode – 637 211
Namakkal District
3.The New India Assurance Co Ltd.,
Kumaran Shopping Complex,
Kumaran Road, Tiruppur,
Coimbatore District ... Respondents / Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, challenging the negligence fixed, and for
enhancement of the compensation amount awarded in the judgment
and decree in MCOP.No.468 of 2002 dated 21.04.2006 on the file of
the Motor Accidents Claims Tribunal, Chief Judicial Magistrate
Court, Erode.
DECREE: This Appeal coming on for hearing on this day and upon
perusing the grounds of Appeal, the judgment and decree of the
Lower Court and the material papers in this case and upon hearing
the arguments of Mr.N.Manokaran, Advocate for the Appellants
herein and of Mr.E.Rajadurai, Advocate for the third Respondent
and the second Respondent not appearing in person or by Advocate
Issues for consideration
1 issue framed by the court
Whether the negligence fixed by the Motor Accidents Claims Tribunal should be challenged on merit and compensation enhanced in Civil Miscellaneous Appeal.
Parties & counsel
- petitioner
Thilagam
- petitioner
Minor R.Keerthana
- petitioner
V.Subramaniam
- petitioner
Kuppammal
- respondent
R.Arunthathi
- respondent
Case details
As recorded by the court registry
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