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2021 Supreme(Mad) 3355

R.SUBRAMANIAN
C. Rajalakshmi – Appellant
Versus
C. Saravanan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K.Varadhakamaraj
For the Respondent: Mrs.S.R.Sumathy

JUDGMENT :

1. This Appeal is by the claimant/mother of the deceased seeking enhancement of the compensation awarded by the Tribunal at Rs.15,82,000/- for the death of her 25 year old son in a motor accident that occurred on 04.09.2017.

2. The factum of the accident and the death of the son of the claimant is not in dispute. The tribunal has held that the accident was caused because of the rash and negligent driving of the TATA ACE goods vehicle bearing Registration No. TN-19-AA-7346 by its driver. As the insurer of the said vehicle, the second respondent/insurance company is liable to pay the compensation. The Insurance Company has accepted the award. The claimant has come up for this Appeal seeking enhancement.

3. Mr. K.Varadhakamaraj, learned counsel appearing for the claimant /appellant would contend that considering the date of the accident, the fixing at Rs.10,000/- as notional income is too low. According to him, the Tribunal should have fixed at least Rs.15,000/- per month. Mr. Vardhakamaraj does not question the compensation awarded under the other heads.

4. Mrs. S.R. Sumathy, learned counsel appearing for the Insurance Company would submit that the Tribunal was justified in ta

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