SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(SC) 1812

B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA
Clain Julie – Appellant
Versus
Oriental Insurance Company Limited – Respondent


Advocates Appeared:
Ms. Bhabna Das, Advocate, Mr. Muthuchharan Sundresh, Advocate, Mr. N. Sai Kaushal, Advocate, for the Appellant; Ms. Amreeta Swarup, Advocate, for the Respondent.

ORDER

1. Leave granted.

2. These appeals challenge the judgment and order dated 19.08.2019 passed by the learned single Judge of the High Court of Judicature at Madras, thereby reducing the compensation payable to the appellants.

3. The deceased-Aruldoss had died in an accident, as such, the appellants who are the legal heirs of the deceased had filed a petition before the Motor Accidents Claim Tribunal, Chennai ('MACT') for compensation. The MACT calculated the compensation by determining the income of the deceased at Rs.15,000/- per month.

4. Being aggrieved thereby, The Oriental Insurance Company Limited ('the Insurance Company'), went in appeal. The learned single Judge of the High Court, though maintained the finding with regard to contributory negligence, held that the income of Rs.15,000/- per month determined by MACT was on the higher side and therefore, calculated the compensation by treating the income of the deceased @ Rs.10,000/- per month.

5. Ms. Bhabna Das, learned counsel appearing on behalf of the appellants submits that the High Court has grossly erred in interfering with the income estimated by the MACT. She further submits that both the MACT as well as the High Court

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top