The Manager v. Bhavani
Case brief
What is this about?
The Court allowed a civil appeal to reduce life insurance compensation. It remittied loss of earnings due to lack of evidence on firm income and enhanced loss of consortium awards based on Supreme Court precedent, lowering the total payout.
What did the court decide?
Reduction of total compensation to Rs. 49,15,000/- with 7.5% interest; appellant directed to deposit the reduced amount.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16.06.2021
Coram:
THE HONOURABLE MR.JUSTICE R.SUBBIAH and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.42 of 2021 and C.M.P.No.340 of 2021
The Manager, M/s.Reliance General Insurance Co. Ltd., Chennai. .. Appellant/ 2nd Respondent
Vs.
- Bhavani, W/o Late Balamurali
- Minor B.Saranya, D/o Late Balamurali
- Minor B.Hariharan, S/o Late Balamurali
- Yasotha, W/o Late Rangasamy ..Respondents 1 to 4/ Petitioners
- B.Ellammal, W/o Babu
Issues for consideration
2 issues framed by the court
Whether the quantum of loss of earnings awarded by the Tribunal is sustainable without cogent evidence of firm income?
Whether the consolidated award of loss of consortium is adequate or requires enhancement per Supreme Court guidelines?
Parties & counsel
- appellant
M/s. Reliance General Insurance Co. Ltd.
- respondent
Bhavani
- respondent
B.Saranya
- respondent
B.Hariharan
- respondent
Yasotha
- respondent
Case details
As recorded by the court registry
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