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V. M. VELUMANI, S. SOUNTHAR
New India Assurance Co. Ltd. , Madurai – Appellant
Versus
G. Selvaraj – Respondent
JUDGMENT
(Common Prayer: These Civil Miscellaneous Appeals are filed under Section 173 of Motor Vehicles Act, 1988, against the common judgment and decree dated 09.12.2020, made in M.C.O.P. Nos.1046 & 1062 of 2015, on the file of the III additional District and Sessions Court, (Motor Accident Claims Tribunal), Tiruppur at Dharapuram.)
Common Judgment:
V.M. Velumani, J.
1. These Civil Miscellaneous Appeals have been filed by the appellant- Insurance Company against the common judgment and decree dated 09.12.2020, made in M.C.O.P. Nos.1046 & 1062 of 2015, on the file of the III additional District and Sessions Court, (Motor Accident Claims Tribunal), Tiruppur at Dharapuram.
2. Both the appeals arise out of the same accident and common award and hence, disposed of by this common judgment.
3. For the sake of convenience, the parties are referred to as per their rank in their claim petitions.
4. The appellant is the 3rd respondent in M.C.O.P. Nos.1046 & 1062 of 2015, on the file of the III additional District and Sessions Court, (Motor Accident Claims Tribunal), Tiruppur at Dharapuram. The claimants in M.C.O.P.No.1046 of 2015 filed the said claim petition, claiming a sum of Rs.30,00,000/- as c
The main legal point established in the judgment is the apportionment of negligence between the parties involved in the accident and the determination of compensation under the Motor Vehicles Act.
The main legal point established in the judgment is the determination of liability and quantum of compensation in a motor accident case under the Motor Vehicles Act, 1988.
The judgment establishes the necessity of proving negligence in motor accident claims and outlines the structured method for calculating compensation based on established legal principles.
The court enhanced the compensation for death in a motor accident, establishing the deceased's notional income and confirming the negligence of the Lorry driver.
The main legal point established is the determination of negligence in a motor accident case and the calculation of compensation based on notional income and future prospects.
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