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R. SAKTHIVEL
A. Prathima W/o Kothandapani Naidu @ Kothandapani – Appellant
Versus
T. Ramesh – Respondent
JUDGMENT :
R. SAKTHIVEL, J.
1. These 'Civil Miscellaneous Appeals' (henceforth 'CMAs') are directed against the common Award dated April 1, 2021 passed in M.A.C.T.O.P.Nos.3743, 3019, 3038, 2975, 2993, 3037, 2970, 2701, 2986, 3036, 3930, 2976, 3018 and 3931 of 2017, by the 'Motor Accident Claims Tribunal, Special Sub Court-2, Court of Small Causes, Chennai' [henceforth 'Tribunal'], praying to enhance the compensation.
2. In all the aforementioned CMAs', the appellants are the petitioners/claimants before the Tribunal, while the first respondent and the second respondent are the owner and the insurer of the Lorry bearing Registration No. AP-26-TD-8679.
Case of the Petitioners (Appellants)
3. On April 21, 2017, at about 01.00 P.M., a group of individuals were protesting in front of Yerpedu Police Station on the Tirupati-Srikalahasti Road, Yerpadu against illegal sand mining and transportation from Swarnamukhi River. The Circle Inspector of Police was trying to pacify them. During this interaction, the driver of the Goods Carrier Lorry with registration number AP-26-TD-8679 drove the vehicle rashly and negligently, hitting and running over a few of them and also colliding with an electric p
The court established that the notional income for compensation in motor accident cases can be fixed based on prevailing judicial standards, ensuring fair compensation for victims.
The main legal point established in the judgment is the determination of compensation for motor accident victims, considering factors such as notional income, loss of dependency, loss of love and aff....
The court established that compensation in fatal accident cases must reflect justness and adequacy, allowing for awards exceeding claims based on established individual circumstances and future prosp....
The court emphasized the necessity of just compensation in fatal accident cases, applying established precedents to enhance awards based on notional income and dependency.
The court established that the driver of a stationary vehicle is solely liable for accidents due to improper parking without indicators, impacting compensation calculations.
The court's decision emphasized the assessment of disability, future complications, loss of earning power, and medical expenses in determining the quantum of compensation.
The court established that the petitioner suffered 100% functional disability due to negligence in a vehicular accident, warranting enhanced compensation of Rs.35,42,058.
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