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R. THARANI
Oriental Insurance Company Ltd. , Rep. by its Divisional Manager, Karur Taluk, – Appellant
Versus
Uthami – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree, made in M.C.O.P.No.123 of 2016, dated 18.09.2018, on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Karur.)
1. This Civil Miscellaneous Appeal has been filed against the award made in M.C.O.P.No.123 of 2016, dated 18.09.2018, on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Karur. The appellant herein is the second respondent, the respondents 1 & 2 herein are the claimants and the third respondent herein is the first respondent in the original M.C.O.P. Petition.
2. A brief substance of the petition, in M.C.O.P.No.123 of 2016, is as follows:-
On 17.10.2015, at about 6.15 pm, when the deceased-Kalimuthu was riding a moped bearing Registration No.TN-33-AY-5173 along the Karur- Dharapuram main road, near Aravankadu Thottam, a mini Truck bearing Registration No.TN-47-U-5008 came in a rash and negligent manner from behind the deceased and dashed against the motorcycle. He was taken
The main legal point established in the judgment is the application of the Motor Vehicles Act, 1988, particularly Section 173, in determining the compensation for a motor accident.
The main legal point established in the judgment is the application of the principles of notional income, future prospects, and multiplier '13' to calculate compensation in motor accident claims.
The main legal point established in the judgment is the determination of compensation under the Motor Vehicles Act based on the deceased's profession, age, and various aspects such as loss of depende....
The court affirmed the Tribunal's findings on negligence and compensation calculation, emphasizing the lack of evidence for contributory negligence and the appropriateness of the awarded amount.
The main legal point established in the judgment is the application of the Motor Vehicles Act, 1988, specifically section 173, in determining the compensation for a motor accident claim.
The court confirmed the liability of the insurance company to pay compensation and upheld the principles for determining just compensation.
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