Court : Chennai Madurai
..... subordinate judge), srivilliputhur is confirmed in all respects. no costs. consequently connected miscellaneous petition is closed. 9. the learned counsel appearing for the appellant/insurance company represented that the entire award amount had already been deposited with proportionate accrued interests and costs to the credit of the claim petition. hence, the ..... . during the interregnum period, there was no coverage of insurance policy for the vehicle. therefore, it is clear that when there was no insurance policy at the time of the accident, the tribunal erroneously, considered the case against the appellant insurance company. 4. it is an admitted fact that the cheque issued for ..... under section 173 of the motor vehicles act, 1988 against the fair and decretal order dated 30.09.2005 made in m.c.o.p.no.491 of 2002 on the file of the motor accident claims tribunal (subordinate judge), srivilliputhur.) 1. the appellant/national insurance company limited filed the present civil miscellaneous .....
Tag this Judgment!Court : Chennai Madurai
..... to direct realization by disposal of the securities to be furnished or from any other property or properties of the owner of the vehicle, the insured. the appeal is disposed of in the aforesaid terms, with no order as to costs. 5. in view of the settled principles both ..... considering the facts and circumstances of the case, awarded rs.40,000/- as total compensation with interest at 7.5% per annum. the appellant insurance company filed the present appeal challenging the award passed by the tribunal, on the ground that the tribunal ought not to have directed the appellant ..... , to recover the same from the owner of the vehicle. 4. on the aspect of mode of recovery available to the insurer, the hon'ble supreme court in the judgment reported in (2004)13 scc 224 in the case of oriental insurance co. ltd., vs. nanjappan and others, has held as follows ..... (prayer: appeal filed under section 173 of the motor vehicles act, to set aside the judgement and decree dated 25/06/2008 made in mcop.no.398 of 2005 .....
Tag this Judgment!Court : Chennai Madurai
..... accident claims tribunal, trichy, claiming compensation. the tribunal, considering the facts and circumstances of the case, passed an award granting rs.3,35,000/- as total compensation. against which, the insurance company preferred the present appeal on the ground that the quantum of award granted by the tribunal is excessive, because the aspect of contributory negligence on the part of the ..... committed by the driver of the lorry by not using the parking lights in the lorry. therefore, this court is not inclined to consider the grounds raised in the appeal. 4. accordingly, the award passed by the tribunal in mcop no.2176/2002 is confirmed and the civil miscellaneous appeal is dismissed. the learned counsel for the appellant submitted that the ..... (prayer: civil miscellaneous appeal is filed under section 173 of the motor vehicles act, 1988 against the fair and decreetal order dated 07.03.2005 made in m.c.o.p.no.2176/2002 on the file of the motor accident tribunal, additional district .....
Tag this Judgment!Court : Chennai Madurai
..... the facts and circumstances of the case, awarded rs.3,82,000/- as total compensation with interest at 6% per annum. the appellant insurance company has filed the present appeal, challenging the award passed by the tribunal, on the ground that the quantum of compensation fixed by the tribunal ..... court inclines to consider the judgment of the hon'ble division bench reported in 2009 (1) tn mac 671 (db) in the case of national insurance co. ltd., vs. minor deepika and others, wherein, at paragraph 11, it has been held as follows:- ''11. the role of a housewife ..... are to be weighed on the higher side and this court is unable to appreciate the arguments advanced by the learned counsel for the appellant. 4. the famous tamil poet and lyrics writer, kavignar kannadasan, in one song said ''(language);''. a good family is compared to a good university. ..... (prayer: appeal filed under section 173 of the motor vehicles act, against the judgment and decree in mcop.no.390 of 2002 dated 20.04.2006 on the file of .....
Tag this Judgment!Court : Chennai Madurai
..... as he had not surrendered his licence before the motor vehicle inspector and even before the tribunal the valid driving licence was not produced. 4. the learned counsel for the appellant insurance company fairly conceded that he is not questioning the quantum of award fixed by the tribunal and he is questioning only the liability as the ..... to pay the award amount and thereafter, recover from the owner of the vehicle. hence, this court modify the award of the tribunal by directing the appellant insurance company to pay the award amount at the first instance and thereafter recover it from the owner of the vehicle in consonance with the settled position of law. ..... civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988 against the judgment and decree dated 02.12.2014 made in m.c.o.p.no.90 of 2011 on the file of the motor accident claims tribunal, chief judicial magistrate, pudukottai.) the appellant/oriental insurance company ltd., filed the present c.m.a.no.633 .....
Tag this Judgment!Court : Chennai Madurai
..... court), tiruchirappalli, for personal injuries. 3. considering the oral and documentary evidence, the tribunal fixed negligence on the part of the driver of the vehicle, which has been insured with the appellant insurance company. 4. considering the medical evidence of the doctor, the tribunal adopted the multiplier method for 70% disability sustained by the claimant, took the income at rs.3,000/- per ..... refers to following decision and argues to compensate petitioner with multiplier method. in order to decide the compensation this court takes into the guidelines in the following judgment in 2008 act 350 nagip vs. manimegalai and another when a question arose whether multiplier method can be applied for computing loss of earning capacity when claimant has sustained partial permanent disablement and .....
Tag this Judgment!Court : Chennai Madurai
..... interfere with the quantum of compensation awarded in both the cases. accordingly, the award passed in both the cases stand confirmed. 7. the appellant insurance company is directed to deposit the entire award amount in both the cases, with proportionate accrued interest and costs, to the credit of the ..... this court and the hon'ble supreme court of india, the order of the tribunal is modified to the extent that the appellant insurance company shall pay compensation to the respondent/claimant in both the cases at the first instance and thereafter, recover the award amount from ..... , to recover the same from the owner of the vehicle. 4. on the aspect of mode of recovery available to the insurer, the hon'ble supreme court in the judgment reported in (2004)13 scc 224 in the case of oriental insurance co. ltd., vs. nanjappan and others, has held as ..... (prayer: appeals filed under section 173 of the motor vehicles act, against the judgment and decree dated 21.01.2014 made in mcop.nos.525 and 526 of .....
Tag this Judgment!Court : Chennai Madurai
..... 341 of 2010. considering the facts and circumstances of the case, the tribunal awarded rs.10,85,400/- as total compensation. challenging the same, the appellant/oriental insurance company has preferred the appeal on the ground of quantum. the learned counsel appearing for the appellant/insurnace company mainly contended that the deceased was aged about 59 ..... adopted 7 multiplier. even after adopting the 7 multiplier, the appellant is able to say that rs75,000/- is to be reduced from the total award of compensation. 4. the learned counsel appearing for the respondents 1 to 3 opposed the appeal by stating that the deceased was working as h.t. operator in the ordinance factory, ..... filed under section 173 of the motor vehicles act, 1988, against the judgment and decree passed in m.c.o.p.no.341 of 2010 dated 29.11.2012, on the file of the motor accident claims tribunal-cum-i additional district judge, tiruchirapalli.) judgment: 1. the appellant/oriental insurance company has filed the present c.m. .....
Tag this Judgment!Court : Chennai Madurai
..... confirmed, and the pay and recovery is ordered. accordingly, this civil miscellaneous appeal is disposed of. 6. the learned counsel appearing for the appellant/national insurance company represented that the entire award amount has already been deposited and the first respondent/claimant is permitted to withdraw the entire award amount with accrued interest ..... was not in possession of the valid driving licence and therefore, the appellant/national insurance company has not liable to pay compensation and the tribunal had committed an error in not exonerating the appellant/national insurance company from liability. 4. the learned counsel appearing for the first respondent opposed the appeal by stating that ..... filed under section 173 of the motor vehicles act, 1988, aggrieved by the judgment and decree dated 26.02.2013 passed in m.c.o.p.no.218 of 2011, on the file of the motor accident claims tribunal/district judge, karur.) the appellant/national insurance company has filed the present c.m.a( .....
Tag this Judgment!Court : Chennai Madurai
..... liberty to recover the amount from the owner of the vehicle as per the mode stated in nanjappan's case(supra). 5. the appellant insurance company is directed to deposit the entire award amount with proportionate accrued interest and costs, to the credit of the claim petition, within a ..... transport authority. the executing court shall pass appropriate orders in accordance with law as to the manner in which the insured, owner of the vehicle shall make payment to the insurer. in case there is any default it shall be open to the executing court to direct realization by disposal ..... to be furnished or from any other property or properties of the owner of the vehicle, the insured. the appeal is disposed of in the aforesaid terms, with no order as to costs. 4. in view of the fact that the driver of the vehicle which met with the accident, did ..... (prayer: appeal filed under section 30 of the workmen's compensation act, 1923, against the order dated 18.09.2006 made in w.c.no.54 of 2005 on the file of .....
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