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2015 Supreme(Mad) 908

N.KIRUBAKARAN
IFFCO-TOKIO, General Insurance Co. Ltd. , Chennai – Appellant
Versus
K. Elammal – Respondent


Advocates:
Advocate Appeared:
For the Appellant:C.R. Krishnamoorthy, Advocate
For the Respondents:R1 & R2, M. Selvam, Advocate

JUDGMENT:-

1. The Insurance Company is before this Court challenging the award of Rs.10,74,000/- granted to the parents of one K. Prakash, aged about 18 years, II year B.Com student, who died in the accident, which occurred on 19.09.2011, when the van insured with the appellant-Insurance Company took reverse and hit the bus on the back left side resulting in the said Prakash, who was traveling on the foot board of the Transport Corporation bus, sustaining grievous injuries, leading to his death. Therefore, the claim petition was filed.

2. The Tribunal, on enquiry, found that the accident occurred because of the rash and negligent driving by the driver of the van and fixed 90% negligence on the van driver and 10% negligence on the deceased, as he was traveling on the foot board of the bus. Taking a sum of Rs.6,500/- as monthly income; adding 50% towards future prospects; applying multiplier 18 and deducting 50% towards personal expenses, the loss of income was determined at Rs.10,53,000/-. Including other amounts, totally, a sum of Rs.11,93,000/- was awarded as compensation, out of which, the claimants were entitled to only 90%, namely, a sum of Rs.10,74,000/-, as 10% contributory ne


















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