Document Fragment View
Fragment Information
Showing contexts for: cma in M. Anandavalli Amma, Dr. A.R. Reshmy And ... vs Arvind Eye Hospital, Rep. By Its ... on 20 June, 2002Matching Fragments
1. By a Common Judgment, the Motor Accidents Claims Tribunal, Dindigul, (Principal District Judge, Dindigul), disposed of M.C.O.P. Nos.1260/94, 55/95 and 56 of 1995 and other Claim Petitions on 28.02.1997.
2.C.M.A. No.1228 of 1997 has been filed by the claimants in M.C.O.P. No.1260 of 1994, claiming enhanced compensation over and above what has been awarded by the Tribunal. C.M.A. No.88 of 1998 has been filed by the claimant in M.C.O.P. No.55 of 1995, claiming enhanced compensation over and above the amount awarded by the Tribunal. C.M.A. No.327 of 1998 has been filed by the claimant in MCOP. No.56 of 1995, claiming enhanced compensation. CMA. Nos.1331, 1337 and 1333 of 1998 have been filed by the Insured (owner of the vehicle), questioning the correctness of the Judgment of the Tribunal, exonerating the Insurance Company with reference to MCOP Nos.1260/94, 55/95 and 56/95 respectively.
5. At the trial, witnesses were examined by both sides and several exhibits were marked. The Tribunal, after elaborately considering the materials available on record, came to the conclusion that the claimants in MCOP No.1260/94 viz., the appellants in CMA.1228/97 would be entitled for a sum of Rs.10,00,000/- by way of compensation. The Tribunal fixed the compensation payable to the claimant in MCOP.55/95 viz., the appellant in CMA.88/98 as Rs.45,500/-. So far as the claimant in MCOP No.56 of 1995 (appellant in CMA.327 of 1998), the Tribunal fixed the compensation at Rs.67,500/-.
(b)What is the amount of compensation payable to the claimants in M.C.O.P. No.1260 of 1994 viz., the appellants in CMA No.1228 of 1997?
(c) What is the amount of compensation payable to the claimant in MCOP No.55/95, the appellant in CMA.88 of 1998?
(d) What is the amount of compensation payable to the claimant in MCOP.56 of 1995, the appellant in CMA.327 of 1998?
(e) Whether the Insurance Company is absolved of its liability on the ground that the vehicle carried more persons than what is allowed/prescribed in the policy?
c. The appellant in CMA No.327 of 1998 and the claimant in MCOP. No.56 of 1995 would be entitled for a sum of Rs.3,90,000/- (Rupees three lakhs and ninety thousand only) with interest at 9% per annum from the date of the petition.
d. The Insurance Company is liable to compensate the claimants/appellants.
e. CMA. Nos.1228/97, 88/98 and 327 of 1998 are allowed to the extent indicated above.
f. CMA. Nos.1331, 1333, and 1337/98 are allowed.