V.Santhammal v. M.Muthu Krishnan
Case brief
What is this about?
The Madurai Bench enhanced the Motor Accident Claims Tribunal's award against an uninsured/under-licensed driver by holding the insurer liable and increasing compensation for loss of love and affection.
What did the court decide?
Insurance company directed to deposit Rs.2,25,000 plus interest and recover from owner; compensation for loss of love and affection enhanced.
What the court decided
CMA(MD).No.784 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.03.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.784 of 2013
- V.Santhammal
- V.Krishnammal
3.V.Muthu Mariappan ....Appellants/Claimants
Vs.
- M.Muthu Krishnan
- 2.Bajaj Allianz General Insurance Company Limited, through its General Manager, GE Plaza, Airport Road, Yerawada, Pune – 411 006.
Issues for consideration
2 issues framed by the court
Whether the Insurance Company is liable to pay compensation even when the driver was driving without a valid license.
Whether the quantum of compensation for loss of love and affection towards the deceased's family needs enhancement.
Parties & counsel
- appellant
V. Santhammal
- appellant
V. Krishnammal
- appellant
V. Muthu Mariappan
- respondent
M. Muthu Krishnan
- respondent
Bajaj Allianz General Insurance Company Limited
Case details
As recorded by the court registry
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