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AHSANUDDIN AMANULLAH, K. VINOD CHANDRAN
S. Shakul Hameed – Appellant
Versus
Tamil Nadu State Transport Corporation Limited – Respondent
| Table of Content |
|---|
| 1. claimant's compensation awarded initially. (Para 2) |
| 2. disagreement on income assessment and disability quotient. (Para 3 , 4) |
| 3. court's adjustment of income and disability evaluation. (Para 5 , 6 , 7) |
| 4. calculation methodology for modified compensation. (Para 8) |
| 5. final order for enhanced compensation and order issuance. (Para 9 , 10 , 11) |
JUDGMENT :
K. VINOD CHANDRAN, J.
Leave granted.
2. The appeal is by the claimant who suffered a disability in a motor accident, seeking enhancement of the award amounts. The Tribunal awarded an amount of Rs.2,12,800/- (Rupees two lakhs, twelve thousand and eight hundred) which was enhanced by the High Court to Rs.2,23,000/- (Rupees two lakhs and twenty three thousand) together with interest at the rate of 7.5% per annum from the date of the petition till the date of deposit.
3. The learned counsel for the claimant submitted that the appellant was employed as a salesman and was earning an amount of Rs.8,000/- (Rupees eight thousand) per month. However, the Tribunal only took an amount of Rs.3,300/- (Rupees three thousand and three hundred) as his monthly income, adopted from the Schedule applicable to Section 163A of the Motor Vehicl
Minimum wage should be considered for income assessment in disability claims under the Motor Vehicles Act, and proper disability assessment must reflect Tribunal's determinations unless justifiable g....
The assessment of disability and loss of income in motor vehicle accident claims must align with established legal principles to ensure just compensation.
The court's decision emphasized the assessment of loss of earning, disability, and other expenses in determining just and fair compensation under the Motor Vehicles Act, 1988.
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