The Insurance Company appealed against an award in a Motor Accident Claims case, alleging the Tribunal failed to consider contributory negligence of the claimant and misappreciated evidence. The High Court found no proof of contributory negligence and confirmed the award as just and fair, dismissing the appeal.
None granted; Appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.A.(MD)No.34 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
C.M.A.(MD)No.34 of 2019 and CMP(MD)No.464 of 2019
Reliance General Insurance Company Ltd., Rep. but is Branch Manager, 15A, PLA Kanagu Towers, 2nd Floor, Thillai Nagar Main Road, Trichy-18. .. Appellant/2nd Respondent Vs. 1.Saravanan .. 1st Respondents/ Petitioner 2.Suresh .. 2nd Respondent/1st Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the fair and decreetal order dated 07.11.2017 passed in MCOP.No.1350 of 2014 on the file of the Motor Accident Claims Tribunal, Special District Judge (Full Additional Charge), Tiruchirappalli.
For Appellant : Mr.V.Sakthivel
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C.M.A.(MD)No.34 of 2019
For Respondents : Mr.K.Benjamin for R1
JUDGMENT
(Judgment of the Court was delivered by P.VELMURUGAN, J.)
The Insurance company filed this Civil Miscellaneous Appeal against the award made in M.C.O.P.No.1350 of 2014, dated 07.11.2017, on the file of the Motor Accidents Claims Tribunal Judge, Special District Judge (Full Additional Charge), Tiruchirappalli.
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C.M.A.(MD)No.34 of 2019
contributory negligence have to be drawn.
dispute since the accident and the insured is admitted. Under these circumstances, this Court does not find any reason to interfere the award passed by the Tribunal and the award passed by the Tribunal is just and fair compensation.
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C.M.A.(MD)No.34 of 2019
award passed in MCOP.No.1350 of 2014 on the file of the Motor Accident Claims Tribunal, Special District Judge (Full Additional Charge), Tiruchirappalli is confirmed. No Costs. Consequently, connected miscellaneous petition is closed.
(P.V., J.) (K.K.R.K., J.) 05.09.2024
NCC:Yes/No Index:Yes/No PJL
To
2.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.
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C.M.A.(MD)No.34 of 2019
P.VELMURUGAN, J. and K.K.RAMAKRISHNAN, J.
PJL
C.M.A.(MD)No.34 of 2019
05.09.2024
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2 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in failing to attribute contributory negligence to the claimant?
Whether the quantum of compensation awarded by the Tribunal was just and fair?
1 provisions across 1 enactments
Reliance General Insurance Company Ltd.
Saravanan
Suresh
P. Velmurugan
K.K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
