Appeal by an insurer challenging a compensation award of Rs.1,25,000 in a motor accident death claim. The bench held the award was based on reasonable evidence and dismissed the appeal, upholding the Tribunal's decision.
The Civil Miscellaneous Appeal filed under Section 173 is dismissed; no costs awarded; connected Petition closed.
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.
C.M.A.(MD).No.696 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2021
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM C.M.A.(MD).No.627 of 2009 and M.P.(MD).No.1 of 2009
The Branch Manager, New India Assurance Co Ltd., Palani ... Appellant/Respondent No.2 vs.
1.J.Nagarathinam 2.S.Mahalakshmi 3.V.Tamilselvi
... Respondets 1 to 3/ Petitioners 1 to 3
4.T.Murugesan
...4th Respondent/Respondent No.1
Prayer : The Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 16.09.2008 made in M.C.O.P.No.160 of 2002 on the file of the Motor Accident Claims Tribunal, Sub Court, Palani.
For Appellant : Mr.B.Vijay Karthikeyan For R1 to R3 : Mr.P.Periasamy
J U D G M E N T
The appellant herein challenges the award passed by the Motor Accident Claims Tribunal (Sub Court), Palani made in M.C.O.P.No.160 of 2002.
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C.M.A.(MD).No.696 of 2009
allergic due to the medicines administered during the treatment, for his leg fracture, eventually he died on 02.01.2002. It is the further case of the claimants that the deceased was 25 year old and he was earning Rs.4,000/- per month by doing tailoring work and hence, they are entitled for compensation of Rs.5,00,000/- from the owner as well as insurer of the offending vehicle.
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C.M.A.(MD).No.696 of 2009
last. It is true that no postmortem was conducted for the deceased Kannan and the claimants failed to examine the Doctor to prove the averments in the claim petition. Even then, in my view, the claimants have established their case through other materials. The quantum appears to be reasonable.
Assistant Registrar
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
akv
To
The Motor Accident Claims Tribunal, Sub Court, Palani.
Copy to: The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 Copies)
+1 CC to M/s.B.VIJAY KARTHIKEYAN, Advocate ( SR-16982[F] dated 22/04/2021 )
C.M.A.(MD).No.627 of 2009 20.04.2021
KK(31.05.2021) 3P 5C
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2 issues framed by the court
Whether the Motor Accident Claims Tribunal's award determining liability and quantum of compensation should be upheld against the insurer's challenge regarding death causation.
Whether the absence of a postmortem report precludes finding that the deceased died as a consequence of the accident injuries.
2 provisions across 1 enactments
New India Assurance Co Ltd., Palani
J.Nagarathinam
S.Mahalakshmi
V.Tamilselvi
T.Murugesan
K.KALYANASUNDARAM
P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
