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KRISHNAN RAMASAMY
Shriram General Insurance Co. Ltd, T. Nagar, Chennai – Appellant
Versus
Kailesh – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment dated 20.07.2015 made in MCOP.No.4705 of 2012 on the file of Motor Accident Claims Tribunal (V Court of Small Causes), Chennai.)
1. This Civil Miscellaneous Appeal is filed to set aside the decree and judgment dated 20.07.2015 made in MCOP.No.4705 of 2012 on the file of Motor Accident Claims Tribunal (V Court of Small Causes), Chennai
2. The Tribunal had awarded the compensation as follows:
| S.No | Heads | Compensation (Rs.) |
| 1. | Transportation, Nourishing food and miscellaneous expenditure | 30,000 |
| 2. | Attender Charges | 2,000 |
| 3. | Medical Expenses | 5,000 |
| 4. | Disability | 1,35,000 |
| 5. | Loss of earning capacity | 3,60,000 |
| 6. | Damages for pain, suffering and traum | 40,000 |
| 7. | Loss of amenities | 25,000 |
|
| Total Compensation is fixed at | 5,97,000 |
3. The learned counsel appearing for appellant/insurance company would submit that in the present case, the disability assessed by the Doctor was at 45% and the
The court has the authority to modify the compensation awarded by the Tribunal based on the assessment of disability, loss of earning capacity, and other relevant factors.
The court's decision was influenced by the assessment of disability, loss of income, and other compensation amounts based on medical evidence and treatment records.
The assessment of disability and determination of compensation should consider the multiplier method and relevant Supreme Court judgments.
The main legal point established in the judgment is the assessment of functional disability, consideration of future prospects, and the application of the multiplier '16' based on the age of the inju....
The main legal point established in the judgment is the application of principles for assessing loss of future earning capacity and determining compensation under the Motor Vehicles Act, 1988, based ....
Nature of injuries sustained by the first respondent/claimant has not been disputed by the Appellant Insurance company.
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 court revised the compensation based on the claimant's income and disability percentage, considering medical evidence and previous judgments.
The main legal point established in the judgment is the court's authority to modify the compensation awarded by the Tribunal based on the reasonableness of the assessment of disability, medical expen....
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