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L. VICTORIA GOWRI
United India Insurance Company Ltd, Tenkasi – Appellant
Versus
Pommi – Respondent
JUDGMENT
(Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, praying this Court to set-aside the Judgment and decree in M.C.T.O.P.No.50 of 2017 on the file of Motor Accident Claims Tribunal (Additional District Court), Tenkasi, dated 12.12.2017.)
1. This Civil Miscellaneous Appeal has been filed to set aside the Judgment and decree in M.C.T.O.P.No.50 of 2017, on the file of Motor Accidents Claims Tribunal (Additional District Court), Tenkasi, dated 12.12.2017.
2. Challenging the quantum of liability fixed against the appellant by the learned Tribunal this appeal has been filed.
3. For the sake of convenience, the parties are arrayed as ranked in the M.C.T.O.P.
4. The brief facts of the case in nutshell is as follows:
The first petitioner is the wife, the 2nd and 3rd petitioners are the daughters, 4th petitioner is the widowed daughter-in-law and petitioners 5 and 6 are the grand daughters of the deceased one Kandasamy, who died on 26.09.2013. The said deceased was 58 years old at the time of accident. On 26.09.2013, at about 09.30
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The main legal point established in the judgment is the requirement for the insurer to establish a fundamental breach of the policy to avoid liability and the determination of notional income in the ....
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