HDFC ERGO General Insurance Company Limited vs Geetha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Mad) 1004

C.SARAVANAN
HDFC ERGO General Insurance Company Limited – Appellant
Versus
Geetha – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.K.Vinod
For the Respondent: C.E.Pratap

JUDGMENT :

1. The Insurance Company is the appellant in this appeal. It is aggrieved by the impugned judgment and decree dated 19.03.2019 passed by the Motor Accidents Claims Tribunal (Special District Judge) Dharmapuri in MCOP.No.639 of 2015.

2. By the impugned order, the Tribunal has awarded a sum of Rs.15,22,000/- as compensation payable by the appellant Insurance Company to the respondents/claimants on the following heads:

Compensation for Pecuniary Loss	Rs.14,17,500/-
Loss of Consortium	Rs. 40,000/-
Loss of Estate	Rs. 15,000/-
Funeral Expenses	Rs. 15,000/-
Medical Bills	Rs. 34,500/-
Total	Rs.15,22,000/-

3. The appellant/insurance company has challenged the impugned judgment and decree passed by the Tribunal on three grounds namely liability, negligence and quantum of compensation.

4. Heard learned counsel for the appellant and the learned counsel for the respondent.

5. The learned counsel for the appellant/insurance company has submitted that the liability cannot be fastened on the appellant/insurance company. He further submitted that

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2021 Supreme(Mad) 1004

C.SARAVANANHDFC ERGO General Insurance Company Limited – AppellantVersusGeetha – Respondent

C.SARAVANAN
HDFC ERGO General Insurance Company Limited – Appellant
Versus
Geetha – Respondent