Court : Chennai Madurai
..... 06.1983. a claim was made for rs.95,350/-. 3. the appellant resisted the claim petition contending that the vehicle was not insured with the insurance company and also the driver did not have valid driving licence. 4. before the tribunal, the first claimant examined himself as p.w.1 and marked ex.ps.1 to p.5 to substantiate their ..... issued a notice dated 13.06.1983 to the third respondent for production of relevant records to substantiate their case that the vehicle was not insured with the insurance company and the driver did not have valid driving licence, the said notice was not produced before the tribunal. so, the tribunal has rightly rejected the case of the ..... motor vehicles act, 1988, against the judgment and decree in m.c.o.p.no.87 of 1985, dated 30.06.2003 on the file of the principal motor accidents claims tribunal, nagercoil.) 1. aggrieved over the award passed by the principal motor accidents claims tribunal, nagercoil in m.c.o.p.no.87 of 1985, the appellant/insurance company has .....
Tag this Judgment!Court : Chennai Madurai
..... .1,00,000.00(j) loss of continuing permanent disability, if any.---(k) compensation for loss of earning power---totalrs.99,30,000.00 4. the appellant/second respondent/insurance company in the claim petition had filed the counter affidavit stating that the bus belonging to the fifth respondent corporation was driven in a rash and ..... other employment after retirement and as such, the award passed by the tribunal is unsustainable and therefore, prays for allowing this appeal. 10. the learned counsel for the appellant/insurance company, in support of his submissions, placed reliance upon the following decisions: (i) r.leelavathy v. sheik dawood and another reported in 2013 aac 2457 (mad); ..... (prayer: appeal filed under section 173 of the motor vehicles act, 1988, against the judgment and decree in m.c.o.p.no.127 of 2009, dated 25.11.2014, on the file of the motor accident claims tribunal iv additional district court, madurai. cross appeal filed under order 41 rule 22 of the code of civil .....
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..... case of a fatal accident caused in the accident took place on 11.06.2012 around 6.00 p.m. near arupukkottai to palayamkottai road. the motorcycle insured with the insurance company bearing registration no.tn67-ad-6958 driving in rash and negligent manner and dashed against the deceased, resulted grievous injuries causing death in the hospital on 17 ..... age. such being the proposition, the tribunal has erroneously fixed the age of the deceased as 59 years instead of 63 years as per the family ration card. 4. the learned counsel appearing for the respondents opposed the appeal by stating that the age of the deceased was 59 years, which is to be adopted and the post ..... prayer: civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988 against the award made in m.c.o.p.no.11 of 2013, dated 09.12.2013, on the file of the motor accidents claims tribunal-cum-subordinate judge, aruppukottai.) 1. the appellant/oriental insurance company has filed the present c.m.a(md)no.758 of .....
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..... meet with an accident beyond the permitted limit they were facing the difficulty of getting the insurance amount since the sand weight exists the permitted limit under the motor vehicles act and the insurance policy. apart from this, the association also states that the general public, who were ..... reconstitute the existing district level task forces with composition of following officials: 1. district collector - chairman 2. superintendent of police 3. district forest officer 4. district revenue officer 5. regional transport officer 6. revenue divisional officers 7. deputy superintendent of police 8. assistant director (panchayat) 9. assistant director ..... region. 2. er.b.kanagaraj, superintending engineer, pwd, wrd, environmental circle, trichy. 3. er.m.ranganathan, superintending engineer, pwd, wrd, ground water circle, thanjavur. 4. er.r.gunasekaran, deputy chief engineer, pwd, wrd, trichy region, trichy. 5. er.d.kalaiselvan, executive engineer, river conservancy division, trichy. 6. er.r. .....
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..... , karur. the tribunal considering the facts and circumstances of the case, passed an award amount of rs.9,29,472/- towards the total compensation. 3. the appellant/insurance company has preferred this appeal on the ground that the deceased was a bachelor and was working in a hotel at chennai. but, the learned counsel appearing for the ..... compensation to be reduced. in respect of other heads awarded by the tribunal, both the learned counsels have no quarrel and accordingly the same is to be confirmed. 4. considering the facts and circumstances of the case, this court is inclined to modify the order only in respect of the loss of income head awarded by the tribunal ..... prayer: civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988 against judgment and decree in m.c.o.p.no.402 of 2011, dated 11.10.2013, on the file of the motor accident claims tribunal, district court, karur.) judgment: 1. the appellant/insurance company has filed the present c.m.a(md)no.209 of .....
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..... is first respondent and the first respondent is the claimant in mcop.no.317 of 1997. the second respondent is the owner of vehicle and the third respondent is the insurance company. 3. the first respondent filed claim petition claiming a sum of rs.2,15,000/- as compensation for the injury suffered by her in the accident took place on ..... 30.12.1991. 4. according to the first respondent, she was travelling in the bus belonging to the appellant, transport corporation. at that time, the bus belonging to the second respondent insured with third respondent came in the opposite direction and both the drivers were driving vehicle in a ..... (prayer: the civil miscellaneous appeals are filed under section 173 of motor vehicles act, 1988 against the judgment and decree dated 14.09.1998 made in mcop.no.317 of 1997, on the file of the motor accidents claims tribunal / sub court, virudhunagar.) 1. .....
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..... appeal filed under section 173 of the motor vehicles act, 1988 against the judgment and decree dated 17.04.2006 made in m.c.o.p.no.293 of 1996, on the file of the motor accident claims tribunal (fast track court no.4), periyakulam.) 1. the appellant/united india insurance company has filed the present c.m.a(md ..... was not proved either as a load man or as a cleaner. hence, the tribunal has committed an error in fixing the liability on the appellant/united india insurance company. 4. the learned counsel appearing for the respondents opposed the contentions of the appellant by stating that the deceased was travelling as a load man and therefore, he was ..... award passed by the motor accident claims tribunal (fast track court no.4), periyakulam in mcop.no.293 of 1996, dated 17.4.2006, is set aside and civil miscellaneous appeal is allowed, since this court has come to the conclusion that the appellant/united india insurance company is not liable to pay the compensation under the policy, the owner .....
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..... preferred this appeal, on the ground that the injured was travelling as a gratuitous passenger in the goods vehicle and therefore, the insurance company is not liable to pay compensation. as per the insurance policy, two persons alone are covered especially in the goods vehicle, one is the driver and another person is accompanying the driver. 2. it is submitted by the ..... did not possess the valid driving licence. hence, this court is not inclined to consider the grounds of appeal raised by the appellant and accordingly, the impugned award is confirmed. 4. it is represented that entire award amount with interest had already been deposited to the credit of the claim petition. the 1st respondent/claimant is permitted to withdraw the same ..... (prayer: appeal filed under section 173 of the motor vehicles act, against the judgment and decree dated 13.08.2010 made in mcop.no.425 of 2005 on the file of the motor accident claims tribunal, additional district and sessions judge .....
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..... of the fact that the driver who was driving the bus at the time of accident was not in possession of valid driving licence and further there was no insurance coverage. 4. evidence on record shows that the driver had no valid driving license to drive the bus and there is a violation of policy condition. however, ex.p.3 ..... the appellant 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. 8. ..... : civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988 against the judgment and decree dated 07.07.2006 made in m.c.o.p.no.1 of 2002 on the file of the motor accident claims/tribunal subordinate court, kuzhithurai.) judgment: 1. the appellant/united insurance company ltd., filed the present c.m.a.(md)no.64 .....
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..... expenses and altogether, the tribunal awarded rs.36,50,000/- with interest at the rate of 9% per annum. 8. though united india insurance company limited, arupukkottai / the 2nd appellant herein, has assailed the correctness of the award, on the ground that the tribunal has erred, in ..... compensation. no valid grounds have been made for interference. 9. in the result, the civil miscellaneous appeal is dismissed. the appellant insurance company is directed to deposit the entire award amount with costs within a period of six weeks from the date of receipt of a ..... respectively, claiming compensation. as the claim petitions arise out of the same accident, they were tried together and common evidence was adduced. 4. mcop.no.900 of 1994, filed by the legal representatives of rathinam, on the file of motor accident claims tribunal, dindigul, has ..... (prayer: the civil miscellaneous appeal is filed under section 173 of motor vehicle act, against the judgment and decree, dated 23.04.2003 passed in m.c.o.p .....
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