Civil Miscellaneous Appeal against MACT compensation award dismissed. Court upheld Tribunal's quantum of Rs.22.20 lakhs, rejecting appellant's claim that award exceeded the Rs.15 lakhs claimed, noting Tribunal calculated amount strictly per law.
Civil Miscellaneous Appeal dismissed; no costs awarded; connected miscellaneous petition closed.
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C.M.A.No.356 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND
THE HON'BLE MR. JUSTICE D.BHARATHACHAKRAVARTHY
C.M.A.No.356 of 2021
and
C.M.P.No.2395 of 2021
M/s. United India Insurance Company Limited Divisional Office, No.82, Bank of Baroda Building, State Bank Road, Coimbatore Centre, Coimbatore - 641 018 ... Appellant
Vs.
Civil Miscellaneous Appeal filed under Section 173 of the Motor
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C.M.A.No.356 of 2021
Vehicles Act, 1988 against the judgment and decree dated 17.10.2019 made in MCOP No.120 of 2018 on the file of the Motor Accidents Claims Tribunal, IV Additional District Court, Coimbatore.
For Appellant : Mr.N.Vijayaraghavan
For Respondents : No appearance
JUDGMENT
This Civil Miscellaneous Appeal is directed against the judgment and decree of the Motor Accident Claims Tribunal, Coimbatore, dated 17.10.2019 in M.C.O.P.No.120/2018.
submit that even though only a sum of Rs.15,00,000/- is claimed as compensation, the Tribunal had awarded Rs.22,20,400/-. Therefore, he would submit that the award is excess and liable to be interfered with by this Court.
as Rs.12,000/- per month and had given 40% to future prospects and after deducting of 1/3rd for his personal expenses, arrived at the annual
https://www.mhc.tn.gov.in/judis Page 2/4
C.M.A.No.356 of 2021
income as Rs.1,34,400/- and applied the multiplier as 16, the award has been made, by adding the funeral expenses, loss of estate and loss of consortium. We do not find the amount granted by the Tribunal in any of the heads as excess or exorbitant and it has been made strictly as per the
law laid down by this Court and the Hon'ble Supreme Court of India.
(J.N.B,J.) (D.B.C, J.) Index : Yes / No 15.06.2023 Internet : Yes vsi
To
The Motor Accidents Claims Tribunal, IV Additional District Court, Coimbatore.
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C.M.A.No.356 of 2021
J. NISHA BANU, J. and D.BHARATHA CHAKRAVARTHY,J.
vsi
C.M.A.No.356 of 2021
15.06.2023
Page 4/4
1 issue framed by the court
Whether the Motor Accidents Claims Tribunal exceeded its jurisdiction by awarding compensation greater than the claimed amount.
1 provisions across 1 enactments
M/s. United India Insurance Company Limited
Dhanabal S/o Marudhachalam
J.NISHA BANU
D.BHARATHACHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
