Rukku v. Yogesh
Case brief
What is this about?
The High Court allowed the appeal by the claimants to enhance compensation from Rs.5,80,000 to Rs.7,60,000 by revising the claim to Section 163-A and fixing annual income at Rs.40,000. The insurance company's liability appeal was dismissed.
What did the court decide?
Compensation enhanced from Rs.5,80,000 to Rs.7,60,000 with interest at 7.5% per annum to be deposited by the insurer within six weeks.
What the court decided
C.M.A.No.958 of 2022 and C.M.A.No.21 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 11.10.2023
Pronounced on : 22.12.2023
CORAM : JUSTICE N.SESHASAYEE
C.M.A.No.958 of 2022 & C.M.A.No.21 of 2022 and CMP.No.166 of 2022
C.M.A.No.958 of 2022 :
1.Rukku
2.Kalaiselvan ... Appellants / Petitioners
Vs
1.Yogesh 2.The Manager Oriental Insurance Company Limited No.216/115, 2nd Floor Prakasam Salai, Broadway Chennai. ... Respondents / Respondents
C.M.A.No.21 of 2022 :
The Manager Oriental Insurance Company Limited No.216/115, 2nd Floor Prakasam Salai, Broadway Chennai. ... 2nd Respondent / Appellant Vs
Issues for consideration
3 issues framed by the court
Whether the insurance company is liable when the accident was caused by an unknown vehicle and the rider was found negligent in the petition but the court holds probability of unknown vehicle hitting
Whether the claimants can rely on Section 163-A instead of Section 166 to claim compensation against the insurance company despite alleging rider negligence?
What is the appropriate annual income to be fixed for a deceased engineering student for calculating loss of income under the revised scheme?
Parties & counsel
- petitioner
Rukku
- petitioner
Kalaiselvan
- respondent
Yogesh
- respondent
Manager Oriental Insurance Company Limited
Coram
Case details
As recorded by the court registry
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