Arumugam, v. K.Arumugam
Case brief
What is this about?
Court allowed appeal modifying Motor Accident Claims Tribunal award to fix insurance liability for unauthorized passenger in tractor. Enhanced compensation to Rs.1,81,100 based on 45% disability and awarded future medical expenses.
What did the court decide?
Enhanced compensation to Rs.1,81,100; interest at 7.5% awarded; insurance company directed to deposit amount within 8 weeks.
What the court decided
C.M.A(MD).No.1292 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.06.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.1292 of 2016
Arumugam ... Appellant/Claimant
vs.
1.K.Arumugam
2.M/s.National Insurance Company Ltd., Branch Office, No.63, Rasi Plaza, West Pradhakshinam Road, Karur-639 002. ...Respondents/Respondents
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgement and decree passed in M.C.O.P.No.21 of 2008, dated 10.08.2009 on the file of the Motor Accident Claims Tribunal/Sub Court, Kulithalai, Karur District for enhancement of compensation and to fix the liability on the Insurance Company.
Issues for consideration
3 issues framed by the court
Whether the insurance company is liable to pay the compensation for an unauthorized passenger traveling in a tractor.
Whether the tribunal erred in reducing the disability percentage from 45% to 35% without assigning reasons.
Whether the insurance company can be directed to satisfy the award and recover the same from the owner of the tractor.
Parties & counsel
- appellant
Arumugam
- respondent
K.Arumugam
- respondent
M/s.National Insurance Company Ltd.
Coram
Case details
As recorded by the court registry
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