SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Mad) 3373

R.SUBRAMANIAN
Hemalatha – Appellant
Versus
N. Gopi – Respondent


Advocates:
Advocate Appeared
For the Appellant : Mr. R.Nalliyappan
For the Respondent: Mr. N.Dilli Babu, Mrs. C.Bhuvanasundari

JUDGMENT :

1. The Claimants, who are the parents and sister of the deceased B.Prabaharan, who died in a road accident that occurred on 30.12.2017, are on appeal terming award of Rs.11,86,680/- as meagre.

2. The appellants would seek enhancement. The deceased was 21 years old and he was pursuing B.Sc. Visual Communication at the time of the accident. It is also claimed that he was a very bright student with several extra curricular activities including athletics.

3. The factum of the accident, the death and the negligence on the part of the offending vehicle, namely, the Eicher Van are not in dispute since the Insurance Company has accepted the award. On the quantum, the Tribunal adopted the notional income of Rs.9,000/- per month, added 40% towards future prospectus and deducted ½ of the amount towards personal expenses, since the deceased was a bachelor, and arrived at the total loss of dependency adopting multiplier of 18' at Rs.13,60,800/-. The Tribunal deducted 15% towards contributory negligence as the deceased was not wearing helmet. Thus the Tribunal fixed the total loss of dependency at Rs.11,56,680/-. It also awarded Rs.15,000/- towards Loss of estate and Rs.15,000/- towards

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top