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MADRAS HIGH COURT
G.M. Akbar Ali, J
Divisional Manager New India Assurance Co. Ltd. v. Periyapaapa (d) by L.Rs. and Others
| Table of Content |
|---|
| 1. factual background of the accident and compensation claim. (Para 1 , 2) |
| 2. insurer's argument regarding non-liability due to driver licensing issues. (Para 3 , 4) |
| 3. court's interpretation of insurer obligations under the motor vehicles act. (Para 5 , 6 , 7 , 8) |
| 4. disposition affirming tribunal's compensation decision. (Para 9 , 10) |
1. In the accident, which occurred on 26.03.2006, the husband of the 1st respondent died. Wife, son and the legal representatives of the deceased's son, claimed compensation of Rs.5,00,000/-. A case in crime No.236 of 2006 under S.279, S.337 and S.304 - A IPC read with 39(1) r/w 192 (1) of Motor Vehicles Act, 1988 , has been registered against the driver of the tractor cum trailor bearing Engine No.39-1340 SGG 05362 Chasis No.QVCH31605109612 Model 735, insured with the appellant insurance company.
2. The deceased was stated to be aged 70 years. Fixing the monthly income as Rs.3,000/- and after deducting 1/3 towards his personal and living expenses, and by applying, '5' multiplier, the claims tribunal has computed the loss of contribution to the family, as Rs.1,20,000/-. In addition to the above, the claims tribunal has awarded Rs.10,000/
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