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R. SUBRAMANIAN, R. SAKTHIVEL
P. Subbulakshmi – Appellant
Versus
Parveen Travels Pvt. Ltd. – Respondent
JUDGMENT :
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 21.11.2019 made in M.A.C.T.O.P.No.3310 of 2015 before the Motor Accident Claims Tribunal Judge, Chennai (Chief Judge, Court of Small Causes, Chennai.)
Aggrieved by the quantum of compensation awarded at Rs.19,95,000/- for the death of one S.Maheshkumar, his wife/claimant is on appeal.
2. For the sake of convenience, the parties herein will be referred to as per their rank before the Tribunal.
3. The claimant sought for a compensation of Rs.60,00,000/-(Rupees Sixty Lakhs Only) for the death of her husband contending that the accident occurred due to the rash and negligent driving of the Bus belonging to the first respondent, insured with the second respondent bearing Registration No.TN21-AT-1495. Contending that the deceased was aged 31 years and was drawing a monthly salary of Rs.27,000/-, the claimant sought for a compensation of Rs.60,00,000/- for having lost her husband.
4. The claim was resisted by the second respondent–Insurance Company contending that the accident did not occur in the manne
The court established that future prospects and standardized deductions for personal expenses must be applied in calculating compensation for wrongful death.
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 application of legal principles from relevant Supreme Court cases to determine the liability of the bus driver and the calculation of compensat....
The main legal point established in the judgment is the importance of documentary evidence in determining compensation for motor accident claims, and the application of future prospects and personal ....
The court adjusted the compensation for death in a motor accident, emphasizing proper income calculations and dependency, aligning with established legal principles.
The court's decision emphasized the importance of accurately determining the deceased's income for calculating compensation, relying on bank statements and considering fluctuations and deductions.
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