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DIPANKAR DATTA, SATISH CHANDRA SHARMA
V. Pathmavathi – Appellant
Versus
Bharthi Axa General Insurance Co. Ltd – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
1. Leave granted.
THE APPEAL
2. The present appeal assails the judgment and order dated 31.01.20201[impugned order] passed by the High Court of Judicature at Madras2[High Court] in C.M.A. No. 2806 of 2013, whereby the High Court partly allowed the appeal filed by the claimants (heirs of the deceased) and modified the award dated 08.11.20123[award], passed by the Motor Accidents Claims Tribunal, Chennai4[MACT] while deciding a claim petition under Section 166 of the Motor Vehicles Act, 19885[Act]. It is at the instance of the claimants/appellants before the High Court6[claimants].
FACTUAL BACKGROUND
3. Facts, in brief, are that on 09.06.2011, D. Velu7[victim], aged about 37 years8[MACT recorded the age of the victim as 36 years. As the marginal variation in age does not materially affect the computation of compensation payable to the claimants, we deem it appropriate to consider the age of the victim as 37 years, as recorded by the High Court, for the limited purpose of determining the quantum of compensation.] as noted by the High Court, was riding a two-wheeler. A tanker lorry9[offending vehicle] insured with the respondent–insurance company10[insurer], wh
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The court clarified the principles for determining compensation in motor accident cases, including the inclusion of dependents, calculation of future prospects, and awarding compensation under the co....
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