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KRISHNAN RAMASAMY
United India Insurance Company Ltd. , Divisional Office, Kumaran Road, Tirupur – Appellant
Versus
V. Adhitya (minor) rep. by its Maternal Grand Mother Santhamani Coimbatore – Respondent
JUDGMENT
(Prayer:Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act 1988 against the judgment and decree dated 28.03.2017, in M.A.C.T.O.P.No.462 2011, passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Tirupur District.)
1. This Civil Miscellaneous Appeal has been filed challenging the quantum of compensation awarded by the Tribunal.
2. Since the present Appeal has been filed, questioning the quantum of compensation, this Court is not traversing into the other aspects of the award.
3.On 27.08.2005, when Velusamy (since deceased) was riding a Motorcycle, bearing Regn. No.TN-41-Z-4715, on the left side of the road, from East of AVR Textiles, Pallapalayam, Sulur, at that point of time, a Tractor Trailer, bearing Regn.No.TN-37-A-0466, belonging to the first respondent turned right side of the road, in a rash and negligent manner, and dashed against the deceased''s Vehicle. Due to the said accident, the said Velusamy sustained grievious injuries on right side of the forehead and primary brain stem injury and despite treatment, he die
Courts must scrutinize posthumous income claims for accuracy to ensure fair compensation reflective of loss and dependency, aligning with statutory principles of the Motor Vehicles Act.
The court has the authority to enhance compensation if it deems the awarded amount to be inadequate based on the circumstances of the case.
The main legal point established in the judgment is the assessment of compensation for motor accident injuries based on the Medical Board's assessment and relevant legal principles.
Victim who died in a motor accident are entitled to claim compensation under Section 2 of Kerala Torts (Miscellaneous Provisions) Act, 1977 for personal injuries.
The main legal point established in the judgment is the re-evaluation and adjustment of compensation amounts based on the lack of evidence for complete loss of income and recent legal precedents.
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
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.
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