Civil Miscellaneous Appeal filed by the insurance company against an awards. The High Court of Madras examined the validity of the compensation awarded for bodily injury in a motor accident and upheld the award.
Confirmation of compensation award; direction to insurance company to deposit the awarded amount with interest within four weeks.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.12.2023
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.1624 of 2015
The Branch Manager, Oriental Insurance Company, A.A.Complex, First Floor, Tiruppur.
... Appellant
Vs
... Respondents
Civil Miscellaneous Appeal filed under Article 173 of Motor Vehicles Act 1988, against the judgment and decree dated 21.07.2014 in MCOP. No.14 of 2011 on the file of the Motor Accident claims Tribunal (Additional Sub court) at Tiruppur.
For Appellant : Mr.K.Vinod For Respondents : Mr.M.P.Mohan Das R1
R2 – No ready notice
J U D G M E N T
This appeal has been filed by the appellant/claimant against the
judgment and decree dated 21.07.2014 in MCOP. No.14 of 2011 on the file
of the Motor Accident claims Tribunal (Additional Sub court) at Tiruppur.
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04.12.2010, caused by an auto rickshaw, bearing Registration No.TN 33 AT 4772 a pedestrian, who is the first respondent, was injured. The first respondent alleged that the accident was caused by the auto, insured with the appellant, filed a claim petition, seeking compensation of Rs.20,00,000/before the Tribunal under various heads.
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the Tribunal in respect of other heads also an exorbitant, which warrants interference.
the learned counsel for the first respondent and also perused the materials available on record.
earning a sum of Rs.8,000/- per month and he sustained injuries all over his body due to the accident. On the earlier occasion, this Court already issued a direction to the first respondent to appear before the Medical Board for reassess the disability. The Medical Board assessed the disability at 86% as permanent disability. Therefore, this Court feels that the Tribunal has rightly considered the matter and given the reasoning in perfect. Hence, the same
does not require any interference by this Court. The amounts awarded https://www.mhc.tn.gov.in/judis towards other heads are also very reasonable and hence the same are also
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confirmed.
19.12.2023
rli
Index : Yes/no Internet : Yes/no
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Speaking Order/Non speaking order
To
The Motor Accident claims Tribunal (Additional Sub court) at Tiruppur.
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M.DHANDAPANI.,J.
rli
To
C.M.A.No.1624 of 2015
19.12.2023
1 issue framed by the court
Whether the compensation awarded by the Tribunal was excessive or arbitrary.
1 provisions across 1 enactments
The Branch Manager, Oriental Insurance Company
Anandan @ Anandaraj
S.Ramasivam
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
