Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR, J
Sivakodi – Appellant
Versus
N. Sivakumar – Respondent
JUDGMENT :
This appeal has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal.
2. According to the claimants, on 02.10.2018 the husband of the first claimant and father of the claimants 2 and 3, namely Damodaran was on duty as a driver of lorry bearing registration No.TN 83 W 0374 belonging to the third respondent, insured with the fourth respondent. The deceased was driving the lorry carefully and cautiously in the middle lane of the road and at about 4.30 hours on 02.10.2018, when the lorry was nearing Ambur, Kannikapuram Aavin Milk Booth in Chennai-Bangalore High way, the lorry bearing registration No.TN-28-BA-5459 belonging to the first respondent and insured with the second respondent, which was going in front of the lorry driven by the deceased, without following the traffic rules, suddenly changed the lane from the right side and came in the middle lane, just in front of the lorry driven by the deceased. Though the deceased applied sudden brakes, his lorry dashed against the lorry belonging to the first respondent. As a result of the said accident, the deceased received fatal injuries and later he died in hospital. Hence, the claimants file
The court adjusted the contributory negligence ratio to 40% for the deceased and enhanced the compensation to Rs.13,70,000/- based on notional income and applicable multiplier.
Contributory negligence cannot be presumed solely based on the violation of law; a causal connection to the accident must be established.
The court established that notional income for compensation should reflect prevailing rates, leading to an enhancement of total compensation awarded.
The court confirmed that the lorry driver was solely negligent in causing the accident, dismissing contributory negligence of the deceased and upholding the compensation awarded by the Tribunal.
Non-possession of a driving license does not constitute contributory negligence without evidence of rash driving; compensation was enhanced based on adjusted notional income.
Contributory negligence must be proven and cannot be inferred; the deceased was not negligent, leading to a modified compensation of Rs.23,61,250.
The main legal point established is the liability of the Insurance Company to pay compensation and the recalculated compensation amount based on the deceased's age, future earning capacity, and legal....
The main legal point established in the judgment is the application of legal principles in determining the compensation amount in a motor vehicle accident case.
Contributory negligence must be supported by evidence; the notional income of the deceased was adjusted based on age and circumstances, correcting the multiplier as per established legal principles.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
