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R. THARANI
United India Insurance Company Limited, Rep. by its Branch Manager, Kanyakumari – Appellant
Versus
Sam Sundar Singh – Respondent
Question 1? What is the scope of liability determination in the motor accident claims as per the judgment? Question 2? What is the method for calculating and modifying compensation on appeal in these MACT cases? Question 3? What are the directions regarding deposit and withdrawal of revised compensation amounts by the Insurance Company?
Key Points: - The Tribunal found liability due to rash and negligent driving by the respondents and determined compensation accordingly. (!) (!) - The appeals partially allowed, reducing the awarded compensation in both M.C.O.P Nos. 55 and 56 of 2007, with detailed computations of revised amounts. (!) (!) (!) (!) (!) - The Insurance Company is directed to deposit the revised compensation with interest and costs within eight weeks, and claimants may withdraw the award on proper petition; excess amounts refunded to the Insurance Company. (!) (!) (!) (!) - Disability, pain and suffering, medical expenses, and interim loss of income were specifically addressed, with per-centage disability calculations and consolidated totals guiding the revised awards. (!) (!) (!) (!) (!) (!) - The tribunal’s awards included specific components such as disability, grievous injuries, and loss of income, which were adjusted upon appeal. (!) (!) (!)
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.55 of 2007, dated 16.11.2012, on the file of the Motor Accidents Claims Tribunal – Subordinate Judge, Padmanabhapuram.
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.56 of 2007, dated 16.11.2012, on the file of the Motor Accidents Claims Tribunal – Subordinate Judge, Padmanabhapuram.)
1. C.M.A.(MD)No.1567 of 2013 has been filed against the award made in M.C.O.P.No.55 of 2007, dated 16.11.2012, on the file of the Motor Accidents Claims Tribunal – Subordinate Judge, Padmanabhapuram. The appellant herein is the third respondent, the first respondent herein is the claimant and respondents 2 and 3 herein are the respondents 1and 2 and the respondents 4 to 6 herein are the respondents 4 to 6 in the original M.C.O.P. Petition.
2. C.M.A.(MD)No.1568 of 2013 has been filed against the award made in M.C.O.P.No.56 of 2007, dated 16.11.2012, on th
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