Back
V. M. VELUMANI, S. SOUNTHAR
Reliance Gen. Ins. Co. Ltd,. Puducherry – Appellant
Versus
G. Jaya – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 10.12.2021, made in M.C.O.P.No.248 of 2021, on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Mahila Court, Nagapattinam.)
V.M. Velumani, J.
1. This Civil Miscellaneous Appeal has been filed by the appellant / Insurance Company Limited against the judgment and decree dated 10.12.2021, made in M.C.O.P.No.248 of 2021, on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Mahila Court, Nagapattinam.
2. Originally the respondents 1 & 2 filed the claim petition in M.C.O.P.No.243 of 2020 before the Sessions Court, Nagapattinam, claiming a sum of Rs.75,00,000/- as compensation for the death of one G.Gunasekaran, who died in the accident that took place on 15.12.2019. The same was taken on file on 05.09.2020. Thereafter, the said M.C.O.P.No.243 of 2020 was transferred to the Motor Accident Claims Tribunal, Additional District Court, Fast Track Mahila Court, Nagapattinam and re-numbered as M.C.O.P.No.248 of 2021 and taken on file on 23.11.2021. The appellant is the 2nd respondent
The court upheld the compensation amount and directed the appellant-Insurance Company to deposit the award amount with interest, based on the determination of negligence and the notional income of th....
The main legal point established in the judgment is the determination of liability in a motor accident case, including contributory negligence and the calculation of compensation under different head....
The main legal point established in the judgment is the determination of negligence in a motor vehicle accident and the application of legal principles to modify the compensation awarded.
The main legal point established in the judgment is the determination of negligence in a motor accident case and the calculation of compensation under the Motor Vehicles Act.
The court upheld the principle of determining liability based on evidence and affirmed the Tribunal's assessment of compensation.
The main legal point established in the judgment is the requirement to prove the deceased's income and the determination of notional income for the purpose of claiming compensation under the Motor Ve....
The main legal point established in the judgment is the determination of liability under the Motor Vehicles Act, 1988, the assessment of quantum of compensation, and the application of legal principl....
The judgment establishes the principle of contributory negligence and provides a detailed framework for calculating compensation in motor accident claims.
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
