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R. SUBRAMANIAN, N. SENTHILKUMAR
A. Vasanthi – Appellant
Versus
S. Jayakumar – Respondent
JUDGMENT :
(R. Subramanian, J.)
(Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree dated 15.02.2017 made in MACTOP.No.2597 of 2010 on the file of the Motor Accident Claims Tribunal/Chief Judge, Court of Small Causes, Chennai.)
This appeal is at the instance of the claimants, who had sought for compensation for the death of one K.Arulappan in a motor accident that occurred on 26.02.2009 at about 11.30 hours, while the said Arulappan was walking near rear gate of the Madhavaram Milk Dairy was hit by a lorry bearing Registration No.TN-04-C-7396, which came in the opposite direction. Claiming that the lorry was driven in a rash and negligent manner by its driver and the accident was the result of the said negligence of the driver, the claimants sought for a compensation of Rs.27,00,000/-. The quantum was sought to be supported by the plea that the deceased was working in the Madhavaram Dairy and was earning Rs.18,000/- per month. Compensation for loss of love and affection, consortium, funeral expenses etc., was also claimed.
2. The claim petition was resisted by the 2nd respondent/Insurer of the lorry contending tha
The court established that a final report not filed within the statutory time frame has no evidentiary value, and the failure of police to comply with procedural requirements can lead to unjust acqui....
The delay in lodging an FIR does not invalidate a motor accident compensation claim if satisfactorily explained, and the tribunal must evaluate evidence based on the preponderance of probabilities ra....
Insurer is not liable for uninsured vehicle involved in an accident, despite findings of negligence.
In motor accident compensation claims, the non-mention of a vehicle's registration in the initial police report is not fatal. Liability is determined based on the preponderance of probabilities, vali....
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