The New India Assurance v. M.Mayakannan @ Kannan
Case brief
What is this about?
The Madurai Bench of Madras High Court disposed of an appeal challenging an MACT award. The court modified the award to require the appellant insurance company to pay the entire sum first before recovering the respondent's portion from the two-wheeler owner under Khenyei principles.
What did the court decide?
Appellant ordered to satisfy entire award before recovering 20% from the two-wheeler owner; award confirmed in other respects.
What the court decided
C.M.A.(MD).No.1559 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.1559 of 2013 and M.P(MD) No.1 of 2013
The New India Assurance Company Limited, Munnar Kerala State. ... Appellant/2nd Respondent -vs1. M.Mayakannan @ Kannan ... 1st Respondent / Petitioner 2. T.Dennison ... 2nd Respondent/ 1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award made in M.C.O.P.No.200 of 2012, dated 10.04.2013, on the file of the Motor Accidents Claims Tribunal/ I Additional District Judge, Thoothukudi.
For Appellant : Mr.D.Sivaraman For Respondents : Mr.S.Sivathilagar for R1 : No appearance – for R2
Issues for consideration
2 issues framed by the court
Whether the insurance company is liable to pay the entire award despite a prior apportionment of negligence.
Whether the Tribunal's award should be modified in light of the Supreme Court judgment in Khenyei vs New India Assurance Company Limited.
Parties & counsel
- appellant
The New India Assurance Company Limited
- respondent
M. Mayakannan
- respondent
T. Dennison
Coram
Case details
As recorded by the court registry
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