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N. SESHASAYEE, P. VADAMALAI
Royal Sundaram Alliance Insurance Co. Ltd. – Appellant
Versus
G. S. Abiramavalli – Respondent
JUDGMENT :
P.VADAMALAI, J.
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, to set aside the fair and decreetal order dated 29.04.2016 made in M.C.O.P.No.200 of 2010 on the file of the Motor Vehicles Accident Claims Tribunal/V Additional District Judge, Madurai and allow this appeal.
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, to set aside the fair and decreetal order dated 29.04.2016 made in M.C.O.P.No.197 of 2010 on the file of the Motor Vehicles Accident Claims Tribunal/V Additional District Judge, Madurai and allow this appeal.
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, to set aside the fair and decreetal order dated 29.04.2016 made in M.C.O.P.No.201 of 2010 on the file of the Motor Vehicles Accident Claims Tribunal/V Additional District Judge, Madurai and allow this appeal.
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, to set aside the fair and decreetal order dated 29.04.2016 made in M.C.O.P.No.389 of 2010 on the file of the Motor Vehicles Accident Claims Tribunal/V Additional District Judge, Madurai and allow thi
The court reaffirmed that negligence in motor vehicle accidents is determined by preponderance of probabilities, and established that split multipliers for compensation calculations are erroneous.
The judgment establishes that in motor accident claims, the correct application of multipliers based on the deceased's age and future income prospects is crucial for determining fair compensation, al....
The tribunal’s reliance on split multiplier method for determining compensation was found erroneous; proper calculation shows enhanced compensation of Rs.42,02,444/- owed to claimants.
Point of law: deceased was employed as Assistant Administrative Officer in Agricultural Department and was earning an income of Rs.17,529/- per month, which is evidenced by Exs.P.6 and P.7 Salary Cer....
In motor accident injury claims, medically assessed permanent disability by competent doctor must be accepted absent rebuttal; Tribunal cannot arbitrarily reduce without reasoning. Notional income an....
The main legal point established in the judgment is the re-assessment of notional income and enhancement of compensation under various heads to ensure just and reasonable compensation for the claiman....
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