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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
Mythili – Appellant
Versus
S.saravanan – Respondent
JUDGMENT :
(M. DHANDAPANI, J.)
The appellant / claimant, not being satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal, Special District Court, Salem, in M.C.O.P.No.2062 of 2019, dated 07.10.2021, has filed this appeal.
2. On 20.07.2019, at about 05.30 p.m., when the deceased, namely, Vijayanand, was riding in his two wheeler along with a pillion rider on his extreme left in Salem to Omalur main road near Vijaya Sesha Mahal, a bus bearing Reg.No.TN 30 AS 3396 belonging to the first respondent was driven by its driver in a rash and negligent manner in the same direction and hit behind the two wheeler, due to which, the deceased sustained fatal injuries and he was admitted in Manipal Hospital, Salem, however, he died on the same day. Under these circumstances, the claim petition came to be filed by the appellant before the Tribunal seeking for compensation. Though the third respondent is the father of the deceased, since he is the owner of the two wheeler, he was impleaded as third respondent and the respondent No.4 is the insurer of the two wheeler. The second respondent is the insurer of the bus.
3. Before the Tribunal, on the side of the claimant,
The court established that future prospects must be included in compensation calculations, and personal expenses for a bachelor should be deducted at 50%.
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 court established that future prospects and standardized deductions for personal expenses must be applied in calculating compensation for wrongful death.
Court modified compensation to reflect accurate income levels and future prospects, following Supreme Court precedents, resulting in a total enhancement of awarded compensation.
The main legal point established is the correct determination of compensation under the Motor Vehicles Act based on the deceased's income and future prospects.
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 ....
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