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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
A. Rangasamy – Respondent
JUDGMENT :
M.Dhandapani, J.
This Civil Miscellaneous Appeal has been filed by the Insurance Company against the judgment and decree dated 18/12/2019 in MCOP No.771 of 2017 on the file of the Motor Accident Claims Tribunal (Special Subordinate Judge), Coimbatore.
2. The averments made in the affidavit filed in support of the Civil Miscellaneous Appeal are as follows:-
On 2/11/2016 at about 5.45 a.m., when the first respondent was crossing the road from east to west, on Kovai, Puliyakularm near R.R.bakery, a two wheeler bearing Registration No.TN-37-BH-3889 driven by the second respondent, came from north to south, in a rash and negligent manner, dashed against the first respondent, thereby, the first respondent had sustained right hip injury and multiple grievous injuries all over his body. He was admitted as in-patient in Richmond Hospital, Coimbatore. Hence, filed M.C.O.P.No.771 of 2017 before the Motor Accident Claims Tribunal (Special Subordinate Judge), Coimbatore.
3. Before the Tribunal, the claimant has examined himself as P.W.1 and marked Exs.P-1 to P-8. There is no oral or documentary evidence on the side of the Insurance Company. On the basis of the oral and documentary evidenc
The court clarified that the multiplier method for calculating compensation is inappropriate when the claimant's disability is limited, necessitating a reassessment of damages.
Permanent disability compensation must accurately reflect medical assessments and consider various factors for a just award, adhering to multiplier methods.
Assessment of damages under the Motor Vehicles Act, 1988.
The assessment of disability and determination of compensation should consider the multiplier method and relevant Supreme Court judgments.
Assessment of evidence and liability for the accident based on the Motor Vehicles Act 1988, Section 173.
The appellate court may revise compensation awarded by the lower tribunal if found inadequate or excessive based on established legal principles and evidence of permanent disability.
The main legal point established in the judgment is the determination of compensation under the Motor Vehicles Act, 1988, considering factors such as medical expenses, loss of income, disability, and....
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