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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dr.Justice G.Jayachandran, Ms.Justice R.Poornima, JJ
Managing Director, Tamil Nadu State Transport Corporation (Kum) Limited – Appellant
Versus
Kavitha – Respondent
JUDGMENT :
(R. POORNIMA, J.)
The appellant / Transport Corporation has filed these Civil Miscellaneous Appeals in C.M.A.(MD)Nos.97 to 99 of 2019 and 1204 of 2018 against the fair order and decretal order dated 20.04.2017 made in M.C.O.P.Nos.80, 81, 82 and 83 of 2010 on the file of Motor Accident Claims Tribunal, Subordinate Court, Virudhunagar.
2. C.M.A.(MD)No.71 of 2021 has been filed against the fair order and decretal order dated 17.06.2019 passed in M.C.O.P.No.552 of 2011 by the Motor Accident Claims Tribunal, Principal District Court, Pudukkottai. The claimants in the said case have also filed a cross-objection.
3. Brief facts of the petition filed by the claimants in MCOP.No.81 of 2010 before the Tribunal are as follows: (In CMA.(MD)No.1204 of 2018)
(a) The deceased Lavanya was working as an Assistant System Engineer at Tata Consultancy Services Limited in Chennai. She was earning a sum of Rs.50,000/- per month. She was about 26 years only at the time of the accident, was very young and energetic. Petitioners 1 to 4 had lost their beloved elder sister at such a young age. Due to the crucial accident, the future of the petitioners is put in the dark.
(b) On the fateful day of 20.10.
The court established that liability for a traffic accident can be apportioned based on contributory negligence, and compensation must reflect proven income loss and emotional distress.
The court upheld the Tribunal's compensation award of Rs. 1,13,81,664 for death in a motor accident, affirming negligence solely on the bus driver and proper calculation of damages.
The judgment establishes the principle of contributory negligence and provides a detailed framework for calculating compensation in motor accident claims.
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 court reaffirmed that a higher compensation than claimed can be awarded to ensure just compensation, highlighting principles of composite negligence and the role of established precedents in dete....
The court established that gross salary, including future prospects, should be considered for compensation in fatal accident claims, with a standard deduction of 1/3rd for personal expenses.
The court ruled that both drivers were negligent, affirming joint liability under composite negligence, and clarified that enhanced compensation beyond the claimed amount is permissible when just com....
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