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R. THARANI
P. Selvaraj – Appellant
Versus
S. Ranjani – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the fair and decreetal order dated 30.09.2019 and made in M.C.O.P.No.168 of 2018 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Virudhunagar at Srivilliputhur.)
1. This Civil Miscellaneous Appeal has been filed against the award passed in M.C.O.P.No.168 of 2018 dated 30.09.2019, on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Virudhunagar at Srivilliputhur.
2. The appellant herein is the petitioner and the respondents herein are the respondents in the claim petition. The appellant herein has filed a claim petition in M.C.O.P.No.168 of 2018, claiming compensation for the injuries sustained by the claimant, in an accident that took place on 16.12.2014. The Tribunal has awarded a sum of Rs.2,92,000/- (Rupees Two Lakhs and Ninety Two Thousand only) as compensation. Against which, the appellant has preferred this appeal.
3. Brief substance of the claim petition in M.C.O.P.No.168 of 2018 is as follows:
On 16.12.2014, when the petitioner was travelling in a car bearing registration No.TN-67-AL-1221 a
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....
The main legal point established in the judgment is the assessment of compensation for injury under the Motor Vehicles Act, including the principles of negligence, vicarious liability, and assessment....
The central legal point established in the judgment is the court's authority to rework the compensation awarded by the Tribunal based on the assessment of evidence and the provisions of the Motor Veh....
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....
The central legal point established in the judgment is the assessment of compensation for injuries under the Motor Vehicles Act, considering factors such as loss of earning capacity, pain and sufferi....
The assessment of disability and determination of compensation should consider the multiplier method and relevant Supreme Court judgments.
Assessment of evidence and liability for the accident based on the Motor Vehicles Act 1988, Section 173.
The court has the authority to modify the compensation awarded by the Tribunal based on the evidence and nature of the injury suffered by the appellant.
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