SURYA KANT, V. RAMASUBRAMANIAN
K. Ramya – Appellant
Versus
National Insurance Co. Ltd. – Respondent
JUDGMENT :
SURYA KANT, J.
1. Leave Granted.
2. The present appeal is directed against the judgment dated 30.06.2017 passed by the High Court of Judicature at Madras, Madurai Bench whereby the appeal preferred by the National Insurance Co. Ltd. (Respondent No. 1; hereinafter “Insurance Company”) against the award dated 06.10.2012 passed by Motor Vehicle Accident Claims Tribunal, Tiruchirappalli (hereinafter “Tribunal”) was allowed and the compensation granted to Appellants was reduced from Rs. 4,29,37,700/- to Rs. 57,90,000/- along with requisite interest. The factual matrix is succinctly discussed below before delving into the issue of law regarding determination of quantum of compensation which requires adjudication before us.
(A) FACTS
3. S. Kumareshan (hereinafter “Deceased”) was a resident of Tiruchirappalli, Tamil Nadu. On the fateful day, at about 4 PM in the evening, he was travelling alone in a Lancer Car bearing Registration No. TN-45-S-9199 and met with an unfortunate accident with an Ambassador Car bearing Registration No. TN 59 E 9288 along the stretch of road between
National Insurance Co. Ltd. v Pranay Sethi (2017) 16 SCC 680
Rani Gupta v United India Insurance Limited (2009) 13 SCC 498
Helen C. Rebello v Maharashtra State Road Transport Corporation (1999) 1 SCC 90 – Relied [Para 11]
United India Insurance Co. Ltd. v Patricia Jean Mahajan (2002) 6 SCC 281 – Relied [Para 11]
New India Assurance Co. Ltd. v Charlie (2005) 10 SCC 720 – Relied [Para 11]
National Insurance Co. Ltd. v Indira Srivastava (2008) 2 SCC 763 – Relied [Para 11]
Yadava Kumar v Divisional Manager, National Insurance Co. Ltd. (2010) 10 SCC 341
Amrit Bhanu Shali v National Insurance Co. Ltd. (2012) 11 SCC 738
Kalpanaraj v Tamil Nadu State Transport Corpn. (2015) 2 SCC 764
Shashikala v Gangalakshmamma (2015) 9 SCC 150 – Relied [Para 20]
Shashikala v Gangalakshmamma (Civil Appeal No 2836 of 2015
State of Haryana v Jasbir Kaur (2003) 7 SCC 484 – Relied [Para 21]
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