M/S.Reliance General Insurance Company, v. C.Gurulakshmi
Case brief
What is this about?
This bench disposed of appeals challenging compensation quantum and negligence allocation in a motor accident case. The court upheld the 15% negligence for helmet non-use but enhanced compensation by adjusting personal exemption to 1/4th and awarding loss of love and affection damages.
What did the court decide?
Appeal dismissed; Cross-objection partly allowed; Compensation enhanced to Rs. 85,10,649/- with interest.
What the court decided
C.M.A(MD)Nos.94 & 95/2021 and Cros Obj.(MD)No.16 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.03.2024
CORAM:
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN
C.M.A(MD)Nos.94 & 95 of 2021 and Cros.Obj(MD)No.16 of 2021 and C.M.P(MD)Nos.864 & 865 of 2021
C.M.A(MD)No.94 of 2021
M/s.Reliance General Insurance Company, Represented by its Branch Manager, HIG-55, Meenakshi Plaza, 1st Floor, HUBD No.7-A West Veli Street, Madurai-625 001. :Appellant/Respondent No.2 Vs.
1.C.Gurulakshmi
2.Minor A.Anish Kumar Represented through his mother The first respondent herein Son of Arun Kumar, 71/A/B3, Mandapam Street, Kamatchipuram, Uthamapalayam Taluk, Theni District.
1/16
Issues for consideration
3 issues framed by the court
Whether the 15% negligence fixed on deceased for non-wearing helmet warrants interference.
Whether exemption for personal expenses should be 1/3rd or 1/4th of gross compensation.
Whether conventional damages for loss of love and affection were omitted in the lower award.
Parties & counsel
- appellant
Reliance General Insurance Company
- respondent
A. Siva
Coram
V. Bhavani Subbaroyan
Case details
As recorded by the court registry
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