The Court dismissed the Insurance Company's appeal against a compensation award granted by the Motor Accidents Claims Tribunal. Noting that the appeal need not be pursued due to Supreme Court precedents, the Court stayed further proceedings.
Dismissal of appeal; no order as to costs; closure of pending miscellaneous petitions.
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.
THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO C.M.A. No.2677 of 2004
JUDGMENT:
This appeal arises out of the Award in O.P.No.700 of on the file of MACT-cum-IV Additional District Judge, Karnool, awarding compensation of Rs.13,915/- as just compensation in the facts and circumstances of the case.
The Tribunal awarded the said compensation as against the first respondent with due indemnity from the second respondent. The relevant portion of the Award is as follows:
“ In the result, an award is passed for a sum of Rs.13,915/- with proportionate costs and subsequent interest at the rate of 12% thereon from the date of the petition till the date of realisation. Advocate fee is fixed at Rs.500/-. Accordingly, a decree shall follow against the first respondent with due indemnity from the second respondent-insurance company under the original of Ex.B.1”.
Though the appeal is preferred by the Insurance Company, in view of the observation of the Tribunal as above and in view of the decision of the Hon’ble Supreme Court in New India Assurance
Company Limited v. Asha Rani[1] as clarified in National Insurance Company Limited v. Baljit Kaur[2] , the learned counsel for appellant fairly submits that the appeal need not be pursued.
Accordingly, the Appeal is dismissed. No order as to costs.
Miscellaneous Petitions, if any, pending shall stand closed.
________________________________ A.RAMALINGESWARA RAO, J 09.02.2016 eha
[1] (2003) 2 SCC 223
[2] (2004) 2 SCC 1
Colour shows how this judgement treated each authority
New India Assurance Company Limited v. Asha RaniReferred¶6
(2003) 2 SCC 223 · Who else cites this
National Insurance Company Limited v. Baljit KaurReferred¶6
(2004) 2 SCC 1 · Who else cites this
Insurance Company
First Respondent
Second Respondent
A. Ramalingeswara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
