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KRISHNAN RAMASAMY
Branch Manager, National Insurance Company Ltd. ,New Delhi – Appellant
Versus
Venkatesh – Respondent
JUDGMENT
(Prayer:Civil Miscellaneous Appeal and Cross Objection has been filed under Section 173 of Motor Vehicles Act 1988 against the judgment and decree dated 07.08.2019, in M.A.C.T.O.P.No.97 of 2016, passed by the Motor Accident Claims Tribunal (Additional District Judge), Hosur. Cross objection Appearance)
1. This Civil Miscellaneous Appeal and cross objection arise out of an award passed by the Motor Accidents Claims Tribunal (Additional District Judge), Hosur (hereinafter, referred to as ''the Tribunal'') in M.A.C.T.O.P.No.97 of 2016, dated 07.08.2019.
2.On 09.03.2014, at 19.45 hours, Harish (since deceased) was riding the two wheeler, bearing Regn.No.TN-24-K-7494, in Kelamangalam and Cross. Obj. No.22 of 2022 to Rayakottai Road along with one Minor, Ajith Kumar as pillion rider and when the said Vehicle was nearing Erudhalam, the rider of the two wheeler, viz., Hero Honda Splendor, bearing Regn.No.TN-70-K-1885, belonging to the first respondent/owner and insured with the second respondent came in a rash and reckless manner, dashed against the deceased''s Vehicle and thus,
The main legal point established in the judgment is the liability of the insurance company under the Motor Vehicles Act 1988 and the modification of compensation based on legal precedents.
The court modified the compensation for a motor accident, emphasizing fair assessment based on the deceased's income, age, and family dependency, while attributing 10% contributory negligence to the ....
The court enhanced the compensation for death in a motor accident, establishing the deceased's notional income and confirming the negligence of the Lorry driver.
The appellate court can enhance compensation under the Motor Vehicles Act even without a cross-appeal from claimants, ensuring just compensation based on evidence.
The main legal point established in the judgment is the determination of appropriate compensation in a motor vehicle accident case, considering factors such as the deceased's income, future prospects....
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