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P. T. ASHA
New India Assurance Co. Ltd. , Chennai – Appellant
Versus
Indiragandhi – Respondent
JUDGMENT
(Prayer: C.M.A.No.1898 of 2015 and C.M.A.No.521 of 2017: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree passed in M.C.O.P.No.3168 of 2012 on 31.07.2014 on the file of the Motor Accident Claims Tribunal (Small Causes Court-II Judge) at Chennai.)
Common Judgment:
C.M.A.No.1898 of 2015 is filed by the Insurance-Company and the other C.M.A.No.521 of 2017 is filed by the claimant.
2. Both the appeals arise out of the same claim petition, in which, the claimant was injured. The parties are referred to as claimant and respondent as before the Tribunal below.
3. The facts in brief are as follows:-
(i) It is the case of the claimant that on 07.09.2011, she was travelling in a tractor, bearing Registration No.TN-32-R-1549. At around 14.30 hours, the driver of the tractor drove the same in a rash and negligent manner and had suddenly applied the brakes, as a result of which, the claimant was thrown out of the tractor and had sustained grievous injuries.
(ii) It is the case of the claimant that she was travelling as a load man in the tractor, which was transporting soil from the well. She would
The court emphasized the importance of genuine and consistent evidence in establishing liability and entitlement to compensation in motor vehicle accident claims.
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when a passenger is traveling in a tractor.
The main legal point established in the judgment is the interpretation of policy conditions, specifically regarding the coverage of the deceased under IMT 28, and the determination of liability for c....
The main legal point established in the judgment is the requirement to prove negligence and liability under the Motor Vehicles Act and the Workmen's Compensation Act.
In private employment like the one in the instant case, it is invariably of casual nature and the payments are often made by the hirer of vehicle and the statements of the witnesses required apprecia....
The deposition given before the Tribunal should be given more weight than the contents of the F.I.R. and other police records when determining liability in a motor accident claim.
The main legal point established in the judgment is the liability of the insurance company and the calculation of compensation under Section 166 of the Motor Vehicles Act.
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