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K. KALYANASUNDARAM, V. SIVAGNANAM
New India Assurance Co. Ltd. – Appellant
Versus
V. Harikrishnan – Respondent
JUDGMENT :
V.SIVAGNANAM, J.
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act 1988 to set aside the Judgment and Decree in MCOP No.6609 of 2013 dated 11.04.2019 on the file of the Motor Accident Claims Tribunal (II Judge, Court of Small Causes) at Chennai.
The appeal is directed against the award and Decree passed in MCOP No.6609 of 2013 dated 11.04.2019 by the Motor Accident Claims Tribunal (II Judge, Court of Small Causes) at Chennai.
2. Facts necessary for disposal of the appeal are narrated herein under:-
The appellant is the insurer of the second respondent/Sanco Trans Ltd. The claimant/Harikrishnan was an employee of the Sudarsan Logistics Private Limited and working at Chennai Port Trust, CIPL Plot as 'Gate Checker'. On 16.03.2013, at about 10.15 hours, when he was checking container lorry, a Crane bearing Reg.No.TN-01-0001, driven by its driver came on the reverse direction in a rash and negligent manner and dashed against him. In the impact, he sustained crush injuries. Immediately, he was admitted at Government Stanley Hospital, Chennai. I
The central legal point established in the judgment is the interpretation of the applicability of Sections 53 to 61 of the Employees' State Insurance Act to the claimant's case and the determination ....
Claimants under the Motor Vehicles Act retain the right to compensation despite receiving benefits under the E.S.I. Act.
The court held that claims under the Motor Vehicles Act are maintainable even if the deceased was covered under the Employees' State Insurance Act, provided the injury is not an 'employment injury'.
The main legal point established is that a claimant, being a tort-feasor, is not entitled to claim compensation under the Motor Vehicles Act and the compensation should be re-calculated in accordance....
Accident claim - Vehicle driven by the claimant is covered by package policy with Limited liability for Personal Accident cover of owner driver. The claimant as paid employee under the owner of the v....
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