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KRISHNAN RAMASAMY
Nagarajan – Appellant
Versus
Managing Director, The Tamil Nadu State Transport Corporation – Respondent
JUDGMENT :
KRISHNAN RAMASAMY, J.
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and decree made in MCOP No. 49 of 2010 dated 10.07.2012 on the file of the Motor Accident Claims Tribunal, II Additional Subordinate Judge, Villupuram.
1. This Civil Miscellaneous appeal has been filed by the appellant, challenging the quantum of the compensation awarded by the Motor Accident Claims Tribunal/II Additional Subordinate Judge, Villupuram vide judgment dated 10.07.2012 in MCOP No. 49 of 2010.
2. The brief facts of the case are that on 14.10.2009, when the claimant was getting into the respondent's vehicle bearing Registration No. TN-32-N-2689, the driver of the vehicle drove it in a rash and negligent manner, by which, the claimant fell down from the bus and the wheels of the bus ran over the left leg of the claimant. Due to the said accident, the claimant sustained grievous injuries including fracture on his left leg and later the left leg was amputated. Considering the claim petition, the Tribunal has awarded the compensation under the following heads:
| S. No | Particulars | Compensation |
| 1 | Loss of In | |
The main legal point established in the judgment is the application of the First Schedule of Motor Vehicles Act in assessing disability percentage and the use of the multiplier method to calculate lo....
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
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 Court applied the multiplier method and adjusted notional income based on legal precedents to determine fair compensation for disability and loss of earnings.
The main legal point established in the judgment is the application of principles related to compensation under the Motor Vehicles Act, 1988, including the assessment of disability, loss of income, a....
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