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2021 Supreme(Mad) 1115

C.SARAVANAN
Ruckmani – Appellant
Versus
Sheeja Chandrakanthan – Respondent


Advocates Appeared:
For the Appellants : Mr. T.S. Arthanareeswaran.
For the Respondent: Mr. J. Chandran.

JUDGMENT :

(Through Video Conferencing)

The claimants are the appellants in this Civil Miscellaneous Appeal. They are aggrieved by the impugned Judgment and Decree dated 10.01.2020 passed by the Motor Accident Claims Tribunal (Special District Judge Court), Erode in M.C.O.P.No.842 of 2017.

2. By the impugned Judgment and Decree, the Tribunal has arrived at a total compensation of Rs.12,76,130/- and has deducted a sum of Rs.3,19,033/- towards 25% contributory negligence of the deceased Ramasamy and has awarded a sum of Rs.9,57,097/- (12,76,130 – 3,19,033) together with interest at 7.5% per annum from the date of claim petition till the date of deposit along with proportionate cost to the appellants/claimants.

3. Aggrieved by the same, this appeal has been filed for enhancement of compensation primarily on the ground that the Tribunal has wrongly deducted 25% towards contributory negligence of the deceased Ramasamy and that the Tribunal has also wrongly considered the notional income of the deceased Ramasamy as Rs.9,000/- per month while arriving the above compensation. That apart, i

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