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R. THARANI
Managing Director, Tamil Nadu State Express Transport Corporation, Chennai – Appellant
Versus
V. Mangala Kumari – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicle Act, 1988, to set aside the award and decree made in M.C.O.P.No.169 of 2012 dated 17.01.2018 on the file of the Motor Accident Claims Tribunal / Sub Court, Padmanathapuram.)
1. This appeal is filed against the order made in M.C.O.P.No.169 of 2012 dated 17.01.2018 on the file of the Motor Accident Claims Tribunal / Sub Court, Padmanathapuram. The appellant herein is the second respondent. The respondents 1 to 4 are the claimants. The fifth respondent is the first respondent in the claim petition. The sixth respondent is the third respondent in the claim petition.
2. Brief substance of the claim petition is as follows:
On 28.07.2012 in the early morning, the deceased was riding a motor cycle bearing registration number TN 75 B 9796 along the Marthandam to Nagercoil main road with one Selvan as pillion rider. When they were nearing CSI church, a bus bearing registration number TN 01 N 7786 was driven by its driver in a rash and negligent manner came along the right side of the road and dashed ag
Tribunal's determination of responsibility for accident and calculation of compensation upheld
The application of the multiplier method for calculating compensation and the reasonableness of the compensation amount awarded by the Tribunal.
The main legal point established in the judgment is the application of the Motor Vehicles Act, 1988 and the principles established in the Pranay Sethi's Case to determine compensation for fatal accid....
The central legal point established in the judgment is the determination of compensation under the Motor Vehicles Act, specifically the applicability of the split multiplier method and the reliance o....
The main legal point established in the judgment is the application of legal principles established by the Hon'ble Supreme Court in modifying the compensation awarded by the Tribunal.
The main legal point established is that the driver's responsibility for a road accident and the determination of reasonable compensation are crucial factors in motor accident claims under the Motor ....
The main legal point established in the judgment is the duty of the Tribunal to award reasonable and just compensation under Section 173 of the Motor Vehicles Act, 1988, and the limitations on claimi....
The main legal point established in the judgment is the application of legal principles from relevant Supreme Court cases to determine the liability of the bus driver and the calculation of compensat....
The appropriate multiplier for compensation in accidental death cases should be based solely on the deceased's completed age, as established in the Sarla Verma case.
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