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V. M. VELUMANI, S. SOUNTHAR
The New India Assurance Co. Ltd. , Tiruchengode – Appellant
Versus
Sudha – Respondent
JUDGMENT
(Common Prayer: These Civil Miscellaneous Appeals are filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 08.06.2017, made in M.C.O.P. No.897 of 2010, on the file of the Sub Court, (Motor Accident Claims Tribunal) Sankari.)
Common Judgment:
V.M. Velumani, J.
1. C.M.A.No.762 of 2021 has been filed by the appellant-Insurance Company against the judgment and decree dated 08.06.2017, made in M.C.O.P. No.897 of 2010, on the file of the Sub Court, (Motor Accident Claims Tribunal) Sankari.
C.M.A.No.1468 of 2022 has been filed by the appellants-claimants seeking enhancement of the compensation granted by the Tribunal in the said award.
2. Both the appeals arise out of the same accident and same 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 the claim petition.
4. The claimants filed M.C.O.P. No.897 of 2010, on the file of the Sub Court, (Motor Accident Claims Tribunal) Sankari, claiming a sum of Rs.10,00,000/- as compensation for the death of one Mahalingam, who
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.
The judgment establishes the principle of contributory negligence and provides a detailed framework for calculating compensation in motor accident claims.
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 liability of the insurance company in cases of accidents involving insured vehicles and the determination of compensation based on the deceased....
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 insurance company is liable to pay compensation to the deceased's family if the accident is caused by the negligence of the driver of the insured vehicle.
Calculation of compensation in motor accident cases based on the deceased's income, future prospects, and deductions for personal expenses.
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