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V. M. VELUMANI, S. SOUNTHAR
Divisional Manager, M/S. National Insurance Co. Ltd. , Pondicheri – Appellant
Versus
Rajaguru – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 23.02.2021, made in M.C.O.P. No.694 of 2017, on the file of the Additional Motor Accident Claims Tribunal, Puducherry.)
V.M. Velumani, J.
1. This Civil Miscellaneous Appeal has been filed by the appellant- Insurance Company challenging the quantum of compensation granted by the Tribunal in the judgment and decree dated 23.02.2021, made in M.C.O.P. No.694 of 2017, on the file of the Additional Motor Accident Claims Tribunal, Puducherry.
2. The appellant is the 2nd respondent in M.C.O.P. No.694 of 2017, on the file of the Additional Motor Accident Claims Tribunal, Puducherry. The 1st respondent filed the said claim petition, claiming a sum of Rs.40,00,000/- as compensation for the injuries sustained by him in the accident that took place on 21.10.2016.
3. According to the 1st respondent, on the date of accident, at about 00.30 hours, when he was traveling in a Innova Car bearing Registration No.TN-32-T-9999, owned by the 2nd respondent, along Villupuram to Pondicherry NH 45 Road, near Government Boys Higher Secondary School, Valavanur, the driver
The main legal point established in the judgment is the assessment of compensation for motor accident injuries based on the Medical Board's assessment and relevant legal principles.
The main legal point established is the liability of the insured vehicle based on the driver's admission of rash and negligent driving, leading to the court's decision to uphold the finding of neglig....
Compensation for personal injury must reflect the severity of injuries and long-term impacts on the victim's life, including loss of income and future medical needs.
The main legal point established in the judgment is the court's authority to modify the compensation awarded by the Tribunal based on the reasonableness of the assessment of disability, medical expen....
The central legal point established in the judgment is the assessment of compensation for injuries under the Motor Vehicles Act, considering factors such as loss of earning capacity, pain and sufferi....
Admissibility of additional evidence, assessment of disability, and calculation of compensation.
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