Babu v. S.Akbar
Case brief
What is this about?
The High Court allowed the appeal partly, enhancing the disability compensation awarded by the Motor Accident Claims Tribunal. The court applied a rate of Rs.5,000 per percentage of disability instead of Rs.3,000, increasing the total award from Rs.5,49,597 to Rs.6,29,597.
What did the court decide?
Compensation enhanced from Rs.5,49,597 to Rs.6,29,597. Insurance company directed to pay the balance amount with interest within six weeks.
What the court decided
C.M.A. No. 1852 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE K. RAJASEKAR
C.M.A. No. 1852 of 2021
Babu
... Appellant / Petitioner
Vs.
- S. Akbar
- The Branch Manager, National Insurance Company Limited, Anuradha Complex, III Floor, Bangalore Road, Krishnagiri - 635001. ... Respondent / Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 20.01.2020 passed in M.C.O.P. No.479 of 2018 on the file of the Special Sub Judge, Motor Accident Claims Tribunal, Krishnagiri.
Issues for consideration
3 issues framed by the court
Whether the Tribunal erred in fixing the quantum of compensation, specifically the amount awarded for disability.
What is the appropriate rate per percentage of disability to be awarded for accidents occurring in 2016 and thereafter.
Whether the total compensation awarded by the Tribunal requires enhancement to meet the just compensation standard.
Parties & counsel
- appellant
Babu
- respondent
S. Akbar
- respondent
The Branch Manager, National Insurance Company Limited
Coram
Case details
As recorded by the court registry
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