SARALADEVI Vs. DIVISIONAL MANAGER, ROYAL SUNDARAM ALLIANCE INS. CO. LTD
LAWS(SC)-2014-8-47
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on
August 20,2014
SARALADEVI
Appellant
VERSUS
Divisional Manager, Royal Sundaram Alliance Ins. Co. Ltd.
Respondents
Referred Judgements :-
GENERAL MANAGER KERALA STATE ROAD TRANSPORT CORPORATION TRIVANDRUM VS. SUSAMMA THOMAS MRS [REFERRED TO]SARLA VERMA VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
JIJU KURUVILA VS. KUNJUJAMMA MOHAN [REFERRED TO]
RAJESH VS. RAJBIR SINGH [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI V. UPHAAR TRAGEDY VICTIMS ASSOCIATION AND ORS. [REFERRED TO]
Cited Judgements :-
KANAGA VS. NIRANJAN BABY G. D. [LAWS(KAR)-2021-6-147] [REFERRED TO]KAMLA SHARMA VS. BHARAT TOUR & TRAVELS PVT. LTD. [LAWS(HPH)-2014-12-13] [REFERRED TO]
IFCO TOKIO GENERAL INSURANCE CO LTD VS. SHASHI BALA [LAWS(P&H)-2015-5-388] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. VS. SHRUTHI [LAWS(KAR)-2021-3-106] [REFERRED TO]
RAMADASANAIKA VS. ROHINI PACKER [LAWS(KAR)-2020-11-141] [REFERRED TO]
PRITAM B. MITTADAR VS. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED [LAWS(KAR)-2021-7-170] [REFERRED TO]
RAMAR M. VS. ANURADHA B. [LAWS(KAR)-2021-3-122] [REFERRED TO]
MASTER PULKIT GUPTA VS. PUSHPENDRA KUMAR [LAWS(ALL)-2021-9-27] [REFERRED TO]
MAHADEVAIAH VS. MANAGING PARTNER DURGAMBA MOTORS, BANGALORE [LAWS(KAR)-2020-7-260] [REFERRED TO]
DILBHARAN RAJWADE, S/O BAL SAI VS. SHIV PRASAD [LAWS(CHH)-2017-9-121] [REFERRED TO]
CHALAPATHI VS. MANAGING DIRECTOR, KSRTC, KOLAR DIVISION [LAWS(KAR)-2020-9-592] [REFERRED TO]
MANJAPPA VS. ARUNAKUMAR [LAWS(KAR)-2021-3-75] [REFERRED TO]
FIRDOSE UNNISA VS. SHUKOOR AHAMED [LAWS(KAR)-2021-4-77] [REFERRED TO]
SUNILBHAI ANILBHAI GAMIT VS. KALIDAS DHIRUBHAI HALPATI [LAWS(GJH)-2018-12-164] [REFERRED TO]
JANCY VS. DIVISIONAL CONTROLLER K.S.R.T.C. MANGALORE. [LAWS(KAR)-2020-9-8] [REFERRED TO]
MANAGER ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. VS. SANTHAKUMARI [LAWS(MAD)-2019-1-761] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. G.MADHUMATHI [LAWS(KAR)-2021-2-166] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD DIVISIONAL OFFICE RAMA BHAVAN COMPLEX NEAR NAVA BHARATH CIRCLE MANGALORE BY ITS MANAGER VS. MARY [LAWS(KAR)-2020-9-451] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. MANIAMMAL AND OTHERS [LAWS(MAD)-2015-1-330] [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. MAINAK GHOSH & ANR. [LAWS(CAL)-2017-1-61] [REFERRED TO]
TARABEN VINDOCHANDRA CHAMPANERIYA & ANR. VS. CHINMAY SHAILESHBHAI DALWADI & ORS. [LAWS(GJH)-2016-10-122] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. MITABEN WD/O SHANTILAL @ KANTILAL RATILAL PATEL [LAWS(GJH)-2018-11-83] [REFERRED TO]
SAEEDA BEGUM VS. BAJAJ ALLIANZ GENERAL INSURANCE CO [LAWS(J&K)-2021-6-45] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. HEIRS OF DECD. BHARATBHAI CHANDULAL MAJETHIYA [LAWS(GJH)-2018-7-355] [REFERRED TO]
MINI VARGIS ROY W/O DECD VARGIS K ROY VS. RAMSWARTH SITARAM PRASAD [LAWS(GJH)-2018-8-10] [REFERRED TO]
RELIANCE GENERAL INSURANCE COMPANY LTD. VS. JAGADISH V. [LAWS(KAR)-2021-6-189] [REFERRED TO]
LAKSHMI, W/O KUMAR VS. JOSEPH MATHEW [LAWS(MAD)-2018-10-307] [REFERRED TO]
SHANTHI VS. R. KARTHIKAYINI [LAWS(MAD)-2021-2-412] [REFERRED TO]
JUDGEMENT
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(1.)This appeal has been filed by the appellants being aggrieved by the judgment dated 12.09.2012 passed in C.M.A. No. 690 of 2011 by the High Court of Madras whereby the High Court reduced the compensation awarded at Rs.37,33,248/- by the Motor Accidents Claims Tribunal and re-determined at Rs.15,84,750/-.
(2.)The necessary relevant facts are stated hereunder to appreciate the case of the appellants with a view and to ascertain whether the appellants are entitled for the enhancement of compensation as prayed in this appeal.
The deceased met with an accident on 28.01.2009 on account of rash and negligent driving of the motor vehicle bearing registration No. TN-23-AF- 0048, which hit the back side of the deceased's motor cycle. The deceased sustained grievous injuries and succumbed to the same. A post-mortem was conducted on 29.01.2009 and inspection report was filed in CC.No.55 of 2009 before the Court of Judicial Magistrate No. II, Walajahpet by the Inspector of Police against the driver of the offending vehicle. The prosecution has failed to prove the case against the driver beyond reasonable doubt, therefore, the learned Judicial Magistrate had acquitted the driver of the vehicle from the charge framed against him vide order dated 31.05.2010.
(3.)The appellants - the widow, two daughters and bed-ridden aged mother of the deceased-Vasanthan approached the Motor Accidents Claims Tribunal, Vellore (for short "MACT") by filing claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short "the Act") claiming compensation of Rs.45,00,000/- on account of death of their sole bread earner, against the owner as well as the insurer of the vehicle. The said claim petition was registered as M.C.O.P. No. 138 of 2009.
(2.)The necessary relevant facts are stated hereunder to appreciate the case of the appellants with a view and to ascertain whether the appellants are entitled for the enhancement of compensation as prayed in this appeal.
The deceased met with an accident on 28.01.2009 on account of rash and negligent driving of the motor vehicle bearing registration No. TN-23-AF- 0048, which hit the back side of the deceased's motor cycle. The deceased sustained grievous injuries and succumbed to the same. A post-mortem was conducted on 29.01.2009 and inspection report was filed in CC.No.55 of 2009 before the Court of Judicial Magistrate No. II, Walajahpet by the Inspector of Police against the driver of the offending vehicle. The prosecution has failed to prove the case against the driver beyond reasonable doubt, therefore, the learned Judicial Magistrate had acquitted the driver of the vehicle from the charge framed against him vide order dated 31.05.2010.
(3.)The appellants - the widow, two daughters and bed-ridden aged mother of the deceased-Vasanthan approached the Motor Accidents Claims Tribunal, Vellore (for short "MACT") by filing claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short "the Act") claiming compensation of Rs.45,00,000/- on account of death of their sole bread earner, against the owner as well as the insurer of the vehicle. The said claim petition was registered as M.C.O.P. No. 138 of 2009.
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