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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 :
Leave granted.
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 Vehicle Act, 19881[for short, the MV Act] and it was left untouched by the High Court. It is argued that at least the minimum wages applicable on the date of accident ought to have been taken. It is also argued that the reduction of the disability quotient to 40% as assessed by the medical expert was without any valid cause.
5. We have looked at the order of the Tribunal, and we see that at the outset it has been mentioned that the application is filed un
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 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.
The main legal point established in the judgment is the court's authority to enhance compensation awarded by the Tribunal based on the nature of injuries, disability, and loss of income.
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