R. THARANI
Sudha – Appellant
Versus
Managing Director, Tamil Nadu State Transport Corporation Ltd. , Dindigul – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree order passed by the Motor Accident Claims Tribunal – VI Additional District Judge, Madurai, in M.C.O.P.No. 1222 of 2017, dated 20.08.2019.)
1. This Civil Miscellaneous Appeal has been filed against the award passed by the Motor Accident Claims Tribunal – VI Additional District Judge, Madurai, in M.C.O.P.No.1222 of 2017, dated 20.08.2019. The appellants herein are the claimants and the respondent herein is the respondent in the original M.C.O.P. Petition.
2. A brief substance of the petition, in M.C.O.P.No.1222 of 2017 , is as follows:-
On 05.05.2017, at about 9.00 am., when the deceased-Karthic was travelling in a bus bearing Registration No.TN-57-N-2320, the driver drove the vehicle in a rash and negligent manner and dashed against a stationed lorry bearing Registration No.TN-59-AR-8889. The deceased sustained multiple injuries and he died. The petitioners are his dependants and they claim a sum of Rs.16,00,000/- as compensation.
3. A brief substance of the counter filed by the respondent, in M.C.O.P.No. 1222 of 2017, is as follows:-
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 the Motor Vehicles Act, 1988 and the principles established in the Pranay Sethi's Case to determine compensation for fatal accid....
The main legal point established is the application of Pranay Sethi's case in determining compensation under the Motor Vehicles Act.
The main legal point established is the determination of negligence in a motor vehicle accident and the reasonableness of compensation awarded based on the deceased's income and personal expenses.
The main legal point established in the judgment is the determination of negligence in a motor vehicle accident and the application of legal principles to modify the compensation awarded.
The main legal point established in the judgment is the assessment of compensation under the Motor Vehicles Act and the determination of negligence in road accidents.
The main legal point established in the judgment is the requirement to prove the deceased's income and the determination of notional income for the purpose of claiming compensation under the Motor Ve....
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 assessment of liability and compensation in a motor vehicle accident claim under the Motor Vehicles Act.
In motor accident compensation cases, where proof of income is unsubstantiated, the court may fix reasonable notional income based on prevailing judicial precedents for the relevant year, applying fu....
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