IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. SOUNTHAR
B.Sivagami – Appellant
Versus
Sakthi Roadways, Rep. By Prop. S.Sakthivel – Respondent
JUDGMENT :
S.Sounthar, J.
Aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, the claimants have come before this court by way of this appeal.
2. It is the case of the claimants that son of the first claimant and brother of the claimants 2 and 3 died in a road accident that had taken place on 28-06-2017. It was the case of the claimants before the Tribunal that the deceased Nataraj was riding his Hero Passion Pro motorcycle from North to South direction by observing the traffic rules. When he came near KP.Karadu Privu, one Ashok Leyland Mini lorry belonged to the first respondent, insured with the second respondent, came in a rash and negligent manner and dashed against the two-wheeler from backside. Therefore, the deceased fell down and the front right wheel of the mini lorry ran over the head of the deceased. Therefore, the claim petition was filed seeking compensation of Rs.24,00,000/-
3. The first respondent remained ex-parte before the Tribunal and the second respondent/ insurance company filed a counter and contested the claim on the ground that the accident had occurred only due to the fault on the part of the deceased.
4. The Tribunal, based o
The court affirmed the necessity to reassess compensation in road accident claims, emphasizing correct calculation of notional income and liabilities based on valid evidence and contributory negligen....
Court enhanced compensation due to reassessed notional income and confirmed negligence by the lorry driver, establishing principles for calculating loss of dependency and conventional damages.
The court determined appropriate notional income based on current living costs, enhancing compensation for loss of dependency and awarding additional conventional damages, resulting in an increased t....
The court can determine notional income based on reasonable estimates, and rejection of a salary certificate without examining its author is unjustified.
The court determined that notional income must reflect current economic conditions, leading to an increase in compensation after assessing future prospects of the deceased.
Court modifies compensation awarded in a motor accident case, increasing the notional income and adding amounts for loss of estate and consortium, emphasizing a reasonable assessment reflective of fi....
Enhancement of compensation due to adjustment of notional income, acknowledgment of future prospects, and confirmation of liability for accident damages.
Determination of compensation in personal injury claims involves accurate assessment of income, damages for suffering, and factoring in contributory negligence.
The court can determine notional income based on prevailing economic conditions, leading to an enhanced compensation amount reflecting the loss suffered by dependants.
The court modified the compensation awarded by the tribunal, affirming contributory negligence while enhancing amounts for loss of earnings and other heads based on actual income and injury severity.
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