Appeal by insurance company challenging compensation awarded under Motor Vehicles Act. High Court found no merit as the insurer admitted no evidence and Tribunal findings on contributory negligence were immaterial. Appeal dismissed.
Appeal dismissed with no order as to costs. Pending miscellaneous applications disposed of.
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.
HON’BLE SRI JUSTICE A. SHANKAR NARAYANA M.A.C.M.A. No.2642 OF 2009
JUDGMENT:
The present appeal is preferred by respondent No.2 - M/s. New India Assurance Company Limited in M.O.P. No.274 of 2006, on the file of the Chairman, Motor Accident Claims Tribunal - cum - II Additional District Judge, Ranga Reddy District at L.B. Nagar (for short ‘the Tribunal’), aggrieved over the order and decree, dated 08-05-2008, passed in the aforesaid MOP, whereby and where-under, the Tribunal awarded a sum of Rs.31,814/- as compensation with interest at 7.5% per annum thereon, as against the claim of Rs.1,00,000/- laid under Section 166 of the Motor Vehicles Act, 1988.
ASN,J
2
MACMA No.2642 of 2009
on issue No.1. On issue No.2 having found one simple injury and another grievous injury, granted Rs.1,000/- and Rs.5,000/- towards pain and suffering and Rs.20,814/- towards medical expenses and Rs.5,000/- towards loss of temporary earnings and, thus, a total sum of Rs.31,814/- was granted as compensation with interest at 7.5% per annum.
ASN,J
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As a sequel thereto, miscellaneous applications, if any, pending
in the appeal, stand disposed of.
___________________________ A. SHANKAR NARAYANA, J
September 21, 2016. Mgr
2 issues framed by the court
Whether the liability of the vehicle owner and insurance company can be sustained given the delay between the accident date and the date the complaint was lodged and treatment admitted.
Whether the Tribunal erred in ignoring the delay in filing the complaint and admitting the person in a hospital.
1 provisions across 1 enactments
M/s. New India Assurance Company Limited
Owner of Toyota Qualis
Petitioner in MOP
A. SHANKAR NARAYANA
A. SHANKAR NARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
