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RMT. TEEKAA RAMAN
Branch Manager, United India Insurance Company Ltd. , Dindigul – Appellant
Versus
Suganthi – Respondent
JUDGMENT
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award, dated 31.08.2017, passed in M.C.O.P.No.134 of 2014 by the Motor Accident Claims Tribunal / Principal District Court, Dindigul.)
1. This Civil Miscellaneous Appeal is directed against the judgment and decree dated 31.08.2017, passed in M.C.O.P.No.134 of 2014, on the file of the Motor Accidents Claims Tribunal / Principal District Court, Dindigul.
2. The Insurance Company is the appellant herein, challenging the award of the Tribunal made in M.C.O.P.No.134 of 2014 on the grounds of liability as well as quantum.
3. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.
4. The claim petitioner is the injured, who sustained injuries in the road transport accident. On 22.05.2013, while she was travelling as pillion rider in a two wheer driven by P.W.3, in order to avoid the sudden hit against the crossing lamb, P.W.3 applied brake and the bus of the Tamil Nadu State Transport Corporation came from behind, dashed against her and she sustained injuries. Though the First Information Report was filed against the driver of the Tamil Nadu State Transport C
The central legal point established in the judgment is the determination of liability and quantum of compensation under the Motor Vehicles Act, 1988, based on evidence of rash and negligent driving, ....
The court's decision emphasized the assessment of evidence, nature of injuries, and disability in determining the appropriate compensation under the Motor Vehicles Act.
The main legal point established in the judgment is the assessment of just and reasonable compensation for injuries sustained in a motor accident, based on the evidence presented before the Tribunal.
Accident claim - Two wheeler and the policy is only for third party. Hence, the wife travelled along with her husband as a pillion rider and the accident has taken place due to the wrong driving by t....
Liability determination and contributory negligence in motor accident claims.
The main legal point established is the application of negligence principles and the determination of compensation under the Motor Vehicles Act, 1988, based on the evidence presented and relevant leg....
In the absence of proof of tortious act by the driver of the auto, the owner/insured cannot be held vicariously liable.
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