Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
YARENJUNGLA LONGKUMER
Branch Manager, Cholamandalam Ms General Insurance Co. Ltd. – Appellant
Versus
Rupjyoti Lekharu S/O Lt. Bishewar Lekharu – Respondent
| Table of Content |
|---|
| 1. procedural context and factual history of the accident claim. (Para 1 , 2 , 3 , 4) |
| 2. parties' contentions regarding maintainability, liability, and quantum of compensation. (Para 5 , 6 , 7 , 8) |
| 3. insurer's appeal rights restricted without section 170 compliance. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. orders regarding deposit of balance compensation and appeal finalization. (Para 16 , 17 , 18) |
JUDGEMENT :
YARENJUNGLA LONGKUMER, J.
The instant Appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed against the judgment and award dated 24.01.2023 passed by the learned Motor Accident Claims Tribunal, Tuensang, Nagaland, in MAC Case No. 03/2021 by which the appellant was directed to pay an amount of Rs.59,07,081/- along with interest at 7.5% per annum from the date of filing the claim petition. The appellant herein is the Cholamandalam MS General Insurance Company Limited.
2. Before going into the merit of the case, the facts leading to the claim of the respondents/claimant is set out in brief. On 10.01.2020 while the deceased was waiting on the road side of NH 15 near Sonapur High School, the offending vehicle bearing registration No. AS-07-AC/6442 bei
An insurer can only appeal on statutory grounds unless permitted under Section 170 of the Motor Vehicle Act; new grounds cannot be raised in appeal if not previously presented.
Insurer's right to appeal against compensation awards is limited unless conditions under Section 170 of the Motor Vehicles Act are satisfied.
The court affirmed the Tribunal's compensation award while clarifying that claimants are not entitled to interest on loss of future prospects, emphasizing the insurer's limited contestation rights un....
(1) Appeal – Insurance Company when impleaded as a respondent in claim petition has right to contest claim on all available grounds, without any restriction to grounds available under Section 149(2) ....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
