Court : Chennai Madurai
..... loss of love and affection and loss of estate. they claimed compensation of rs.40,00,000/- under various heads, including medical expenditure. 5. the appellant insurance company opposed the claim on negligence, liability to pay compensation and also the quantum claimed under various heads. 6. before the tribunal, wife of the deceased ..... in reshma kumari and others v. madan mohan reported in (2009) 13 scc 422, the hon'ble apex court reiterated that the compensation awarded under the act should be just and also identified the factors which should be kept in mind while determining the amount of compensation. the relevant portions of the judgment are extracted ..... treated in government hospital, nagapattinam, and thereafter, shifted to government medical college hospital, thanjavur. despite treatment, he succumbed to the injuries on the same day. 4. wife of the deceased tmt.noorjahan, aged 37 years, minor daughter, jarina begam aged 17 years, two minor sons, ameer aged 14 years and minor mohamed .....
Tag this Judgment!Court : Chennai Madurai
..... % of the award amount, the respondents 1 to 3/claimants are permitted to withdraw their respective share from the amount deposited before the tribunal; (iv) the appellant-insurance company is directed to transfer the balance award amount along with accrued interest and proportionate costs to the respective personal savings bank account numbers of the ..... .2012, when he was riding his bicycle on madurai dindigul main road in the east-west direction, the bus owned by the fourth respondent herein insured with the appellant-insurance company driven in a rash and negligent manner came behind and hit the bicycle causing the accident. 2. heard mrs.k.r.shiva shankari, learned ..... section 173 of the motor vehicles act, 1988, against the judgment and decree dated 12.03.2015, made in m.c.o.p.no.2059 of 2012, by the motor accident claims tribunal - cum vi additional district judge, madurai.) this civil miscellaneous appeal has been filed by the appellant-insurance company against the award of rs. .....
Tag this Judgment!Court : Chennai Madurai
..... the personal injury sustained by him and the motor accident claims tribunal awarded rs.25,000/- as compensation. challenging the award, the appellant/royal sundaram alliance insurance company has preferred this appeal solely on the ground that the petition before the tribunal is not maintainable. in view of the fact that the owner was ..... or a injured person, a third person or in respect of damages of property. thus, if the insured cannot be fastened with any liability under the provisions of motor vehicles act, the question of the insurer being liable to indemnify insured, therefore, does not arise." 3. in view of the above judgment of the hon ble apex ..... (subordinate judge), kulithalai in mcop.no.85 of 2006, dated 03.07.2007, is set aside and the civil miscellaneous appeal is allowed. 4. the appellant/royal sundaram alliance insurance company is permitted to withdraw the entire deposited amount with accrued interest through rtgs, by filing necessary application before the tribunal. no costs. .....
Tag this Judgment!Court : Chennai Madurai
..... . the learned counsel for the appellant further contended that in view of this mistake committed by the parties, the tribunal had made to proceed erroneously based on the insurance policy which was expired. 4. hence, it was purely a mistake committed by the parties and this fact, regarding the production of policy, was not disputed by the respective counsel for the respondents ..... of filing of execution petition, the current policy was filed. therefore, this court is of the view that the matter deserves to be remanded for fresh consideration of the current insurance policy and accordingly decide the matter in accordance with law. 7. therefore, the award passed by the tribunal in m.c.o.p. no.274 of 2008, dated 03.08 ..... (prayer:- civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988, against the judgment and decree dated 03.08.2009 in m.c.o.p.no.274 of 2008, on the file of the motor accident claims tribunal/principal district .....
Tag this Judgment!Court : Chennai Madurai
..... in other words, nomination does not confer any beneficial interest on the nominee. in the instant case amounts so received are to be distributed according to the hindu succession act, 1956. the state bank of india is directed to release half of the amount of general provident fund to the appellant now within two months from today along with ..... have the effect of conferring to the nominee any beneficial interest in the amount payable under the life insurance policy, on death of the insurer. the nomination only indicates the hand which is authorized to receive the amount on payment of which the insurer gets a valid discharge of its liability under the policy. the amount, however, can be claimed by ..... . it is further pointed out that even if r6 (wife) receives the amount, she can receive it only as a trustee for and on behalf of the mother also. 4. the hon'ble supreme court in the case of shipra sengupta vs. mridul sengupta and ors, ( civil appeal no. 809 of 2002) decided on 20.08.2009 referred .....
Tag this Judgment!Court : Chennai Madurai
..... better treatment. she died inspite of medical treatment. the appellants as legal heirs and dependants of deceased claimed compensation. 4. the second respondent / insurance company has filed a counter statement denying the various averments made by the appellants. the second respondent stated that the ..... rs.6000/- and prayed for enhancement of compensation. 8. mr.j.s.murali, the learned counsel appearing for the 2nd respondent / insurance company would submit that the amount awarded by the claims tribunal is on the higher side in all heads, and prayed for dismissal ..... of the first respondent did not have valid driving licence. the first respondent violated the policy conditions and therefore, the second respondent insurance company prayed for dismissal of the claim petition. 5. before the claims tribunal, on the side of the appellants / claimants p ..... (prayer: this appeal is filed under section 173 of the motor vehicles act, 1988, to call for the records pertaining to the judgment and decree, .....
Tag this Judgment!Court : Chennai Madurai
..... sum of rs.50,000/- as compensation only on account of the loss of dependency and the second respondent- insurance company was directed to pay the compensation and the claim was dismissed as against the fourth respondent - insurance company. 4. the claimants have filed the civil miscellaneous appeal challenging the quantum of compensation as awarded by the claims tribunal ..... that would disentitle the claimants to make a claim, is the issue to be considered. 14. section 166 of the motor vehicles act uses the expression "legal representative" and not dependant. the motor vehicles act, 1988 does not define the expression "legal representative" either in section 166 or in any of the definitions in section 2 of ..... the act. therefore, the definition of "legal representative" as provided under section 2(11) of civil procedure code has to be referred to. thus, a person who in law .....
Tag this Judgment!Court : Chennai Madurai
..... district at srivilliputtur in mcop.no.125 of 2007, dated 30.09.2011, is confirmed and the civil miscellaneous appeal is dismissed. 4. the learned counsel appearing for the appellant/oriental insurance company represented that the entire award amount has already been deposited and the respondents 1 to 5/claimants are permitted to withdraw the entire ..... deceased was a cleaner and not a gratuitous passenger. when the wife of the deceased had categorically deposed and the same was not disputed by the appellant/insurance company before the tribunal through any acceptable cross examination or through any other document, this court is not inclined to consider the ground raised in the ..... under section 173 of the motor vehicles act, 1988 against the judgment and decree in m.c.o.p.no.125 of 2007, dated 30.09.2011, on the file of the motor accidents claims tribunal, principal district judge, virudhunagar district at srivilliputtur.) 1. the appellant/oriental insurance company has filed the present c.m .....
Tag this Judgment!Court : Chennai Madurai
..... in respect of liability aspects, this court is not inclined to consider and the tribunal has rightly fixed the liability on the appellant/national insurance company. in respect of the quantum, the multiplier adopted by the tribunal is erroneous to the extent that the 2/3rd towards personal ..... aside the judgment of the high court we direct in terms of what has been stated in baljit kaur's case (supra) that the insurer shall pay the quantum of compensation fixed by the tribunal, about which there was no dispute raised, to the respondent-claimants within three months ..... this court is inclined to consider the change of adoption of multiplier alone and accordingly rs.5,000x50/100x12x17 = 5,10,000/- is fixed. 4. consequently, the total award amount of rs.7,58,000/-is reduced to rs.5,88,000/-. accordingly, the civil miscellaneous appeal is ..... (prayer:civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988 against the judgment and decree in m.c.o.p.no.162 of 2007, dated 22.02 .....
Tag this Judgment!Court : Chennai Madurai
..... miscellaneous appeal mainly on the grounds that the compensation awarded is excessive and the driver who was plying the vehicle did not possess valid licence and the appellant insurance company should be exonerated from its liability. 3. the learned counsel for the 1st respondent opposed the appeal by stating that the tribunal had rightly ordered pay ..... recovery and further the quantum of compensation awarded by the tribunal is just and fair in view of the fact that the 1st respondent/claimant suffered grievous injuries. 4. with regard to the quantum of compensation awarded by the tribunal under various heads, this court do not find any error. therefore the only point to be ..... miscellaneous appeal filed under section 173 of the motor vehicles act, 1988 against the judgment and decree dated 28.05.2012 made in m.c.o.p.no.77 of 2011 on the file of the motor accident claims tribunal/chief judicial magistrate, theni.) 1. the appellant/oriental insurance company ltd., filed the present c.m.a.no.1219 .....
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