Court : Chennai Madurai
..... 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 period of four weeks from the date of receipt of a copy of this judgment, if not deposited ..... the appellant insurance company preferred this appeal, challenging the quantum of compensation. 2. .....
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..... challenging the same, the appellant oriental insurance company preferred the present appeal, on the ground that the quantum of compensation granted by the tribunal is excessive. .....
Tag this Judgment!Court : Chennai Madurai
..... the learned counsel appearing for the appellant/oriental insurance company represented that the entire award amount has already been deposited with accrued interest and the first respondent/ claimant is permitted to withdraw the entire award amount with accrued interest through rtgs, by filing ..... challenging the same, the appellant/oriental insurance company has preferred the present appeal on the ground that the quantum of award and the liability fixed by the tribunal is erroneous. 3. ..... the appellant/oriental insurance company has filed the present c.m.a(md)no.1202 of 2014, challenging the award passed inmcop.no.310 of 2011, dated 16.09.2013, on the file of the motor accident claims tribunal-cum-sub judge, kulithalai. 2. ..... further, the tribunal ordered for pay and recovery by following the principles laid down by the hon ble supreme court of india in the case of oriental insurance company limited vs. ..... the learned counsel appearing for the appellant/insurance company fairly conceded that the percentage of negligence of 75% for the insurance company and 25% for the claimant is in order and there is no error on record on the findings of the tribunal in this respect. ..... as per the procedure laid down by the hon ble apex court and the appellant/insurance company can pay the compensation and recover the same. .....
Tag this Judgment!Court : Chennai Madurai
..... the learned counsel appearing for the appellant/oriental insurance company represented that the 50% of the award amount has already been deposited. ..... the learned counsel appearing for the respondents opposed the contentions of the appellant/insurance company by stating that it is a case of the fatal accident and it is pertinent to note that the person, deceased was aged about 20 years at the time of death and he was working as a mason and labour contractor. 4. ..... the appellant/oriental insurance company is directed to deposit the balance award amount with accrued interest. ..... ) the appellant/oriental insurance company has filed the present c.m.a(md)no.681 of 2014, challenging the award passed inmcop.no.1 of 2012, dated 05.12.2013, on the file of the motor vehicle accident tribunals, sub court, kuzhithalai. 2. ..... the learned counsel appearing for the appellant/insurance company contended that the quantum of compensation awarded by the tribunal is excessive and require re-consideration. 3. .....
Tag this Judgment!Court : Chennai Madurai
..... considering the facts and circumstances of the case, this court is not inclined to consider the grounds of appeal raised by the appellant/insurance company and accordingly the award passed by the motor accident claims tribunal-cum-i additional district judge, tiruchirapalli in mcop.no.341 of 2010, dated 29.11.2012, is confirmed and the civil miscellaneous appeal is dismissed. 7. ..... challenging the same, the appellant/oriental insurance company has preferred the appeal on the ground of quantum. ..... the appellant/oriental insurance company is directed to deposit the entire award amount with accrued interest within a period of four weeks from the date of receipt of a copy of this order, if not already deposited. ..... the appellant/oriental insurance company has filed the present c.m.a(md)no.1514 of 2013, challenging the award passed inmcop.no.341 of 2010, dated 29.11.2012, on the file of the motor accident claims tribunal-cum-i additional district judge, tiruchirapalli. 2. ..... the learned counsel appearing for the appellant/insurnace company mainly contended that the deceased was aged about 59 years and left out with 7 months of service and the salary fixed for 7 months is not in dispute, but, the future income of the deceased fixed by .....
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..... challenging the award, the appellant/oriental insurance company has preferred the present appeal on the ground that it is a case of one fracture in the right leg and the tribunal erroneously adopted the multiplier method for assessing the compensation, which is in violation of the established ..... the appellant/oriental insurance company is directed to deposit the entire award amount with accrued interest within a period of four weeks from the date of receipt of a copy of this order, if not already deposited. ..... ) the appellant/oriental insurance company has filed the present c.m.a(md)no.699 of 2013, challenging the award passed inmcop.no.261 of 2005, dated 27.01.2010, on the file of the motor accident claims tribunal-cum-iii additional sub judge, trichy. 2. .....
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..... the learned counsel appearing for the first respondent opposed the appeal by stating that the total exoneration is not permitted in view of the judgment of the hon ble supreme court of india in the case of oriental insurance company limited vs. ..... challenging the same, the appellant/united india insurance company has preferred the present appeal on the ground that the driver, who driving the vehicle which met with an accident did not possessed valid driving licence and therefore it is a violation of policy and accordingly the appellant/united india insurance company is not liable to pay any compensation in respect of third party victim is concerned. ..... the learned counsel for the appellant/united india insurance company represented that the entire award amount has already been deposited. ..... the appellant/united india insurance company has filed the present c.m.a(md)no.1055 of 2014, challenging the award passed inmcop.no.2642 of 2013, dated 02.04.2014, on the file of the motor accidents claims tribunal, special subordinate court, tiruchirappalli. 2. ..... accordingly, the insurance company ought to have been exonerated from liability. 3. .....
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..... of the liability, the judgment of the hon ble supreme court of india is to be followed and accordingly the appellant/national insurance company shall pay the entire compensation to the respondents 1 to 3/claimants and recover the same by following the procedure laid down by the hon ble supreme court of india in the case of oriental insurance company limited vs. ..... a case of the appellant/national insurance company that the driver, who was driving the vehicle met with an accident did not possess valid and effective driving licence and therefore, the national insurance company ought to have been exonerated from total liability ..... challenging the same, the appellant/national insurance company has preferred the appeal mainly on the ground that the multiplier adopted by the tribunal is erroneous and further the insurance company is not liable to pay the compensation ..... the appellant/national insurance company represented that the entire award amount has already been deposited and the respondents 1 to 3/claimants are permitted to withdraw the reduced award amount of rs.5,88,000/- with accrued interest through rtgs, by filing ..... the appellant/national insurnace company has filed the present c.m.a(md)no.1320 of 2014, challenging the award passed inmcop.no.162 of 2007, dated 22.02.2012, on the file of the motor accident claims tribunal, subordinate court, ..... award amount with proportionate accrued interest shall be withdrawn by the appellant/national insurance company by filing necessary application. .....
Tag this Judgment!Court : Chennai Madurai
..... the appellant/national insurance company cannot be exonerated in view of the settled legal position decided by the hon ble supreme court of india in the case of oriental insurance company limited vs. ..... 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 through rtgs, by filing necessary application before ..... challenging the same, the appellant/national insurance company has preferred the appeal on the ground of liability. 3. ..... the learned counsel appearing for the appellant/national insurance company contended that the driver, who was driving the vehicle, which met with an accident 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 appellant/national insurance company has filed the present c.m.a(md)no.912 of 2015, challenging the award passed inmcop.no.218 of 2011, dated 26.02.2013, on the file of the motor accident claims tribunal/district judge, karur. 2. .....
Tag this Judgment!Court : Chennai Madurai
(prayer: civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988, against the judgment and decree passed in m.c.o.p.no.450 of 2006, dated 27.09.2012, on the file of the motor accident claims tribunal cum chief judicial magistrate, thiruchirappalli.) 1. it is a case of an injury caused on account of an accident took place on 04.07.2005 around 9.30 p.m. near trichy-thanjavur main road. the injured victim sustained grievous injuries and he filed an application seeking compensation before the tribunal, trichy and the tribunal by considering the facts and circumstances, awarded a sum of rs.84,000/- as total compensation. 2. challenging the same, the appellant preferred the present appeal on the ground that there are in-consistencies both in the medical report as well as the deposition of the doctor, who examined before the tribunal. 3. heard the learned counsels on both side and the learned counsel appearing for the first respondent and perused the materials available on record. 4. the learned counsel for the 1st respondent/claimant opposed the grounds of appeal by stating that though there are some discrepancies of the doctor's evidence, there was possibilities of the doctor, who gave evidence would not have treated the patient and hence this appeal deserves dismissal. 5. in the facts and circumstances, the evidence of the doctor need not be considered by this court. the tribunal has awarded a sum of rs.84,000/- as total compensation. further, the .....
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