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P. B. BALAJI
Pandian – Appellant
Versus
Srinivas Kesineni (Since R1 remained ex-parte before the Tribunalm, his presence may be dispensed with) – Respondent
JUDGMENT
(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the judgment and decree dated 24.01.2019, made in M.A.C.T.O.P. No.3320 of 2016 on the file of the Motor Accident Claims Tribunal, Special Sub Court No.1, Motor Accidents Claims Petitions, Small Causes Court, Chennai.)
1. The claimant before the Motor Accident Claims Tribunal in M.A.C.T.O.P. No.3320 of 2016 on the file of the Small Causes Court, Chennai is the appellant in the present Civil Miscellaneous Appeal, aggrieved by the award passed by the Tribunal, for a sum of Rs.1,04,500/- as against the claim of Rs.15,00,000/- sought for in the claim petition. The 1st respondent is the owner of the bus involved in the accident and the 2nd respondent is the insurer of the 1st respondent.
2. The appellant/claimant, on 01.01.2016, in the late evening at about 07.30 p.m travelling as a pillion rider in a motorcycle, near Arunachalam Nagar, near Tindivanam to Vandavasi Road, met with an accident caused by the rash and negligent driving of the bus by the 1st respondent. The claimant suffered multiple grievous injuries and in respect of which he sought for compensation of Rs.15,00,000/-.
3. The 1st respon
The court revised the compensation based on the claimant's income and disability percentage, considering medical evidence and previous judgments.
The main legal point established is the determination of compensation for injuries under the Motor Vehicles Act, 1988, and the application of the multiplier 15' based on the petitioner's loss of inco....
Assessment of damages under the Motor Vehicles Act, 1988.
The judgment establishes the use of the multiplier method for calculating compensation in cases of serious injuries, emphasizing the impact of the injury on the claimant's future.
The judgment established the application of the multiplier method for computing loss of earning power in compensation claims under the Motor Vehicles Act, considering the claimant's age, future prosp....
The main legal point established in the judgment is the application of the multiplier method for calculating loss of earning capacity and the consideration of future prospects for self-employed indiv....
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