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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Sounthar, J
Usha – Appellant
Versus
S.Panneerselvam – Respondent
JUDGMENT :
Not satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal, the claimants have come by way of this appeal.
2. It is not in dispute that the son of the claimants namely Sai Krishna was riding a motorcycle bearing Registration No.TN-05-AE-9367 on 26.11.2017 near E.V.R. Salai – Gandhi Irwin Flyover Road Junction from South to North. The Travels bus bearing Registration No. PY-01-CP-0799 belonging to the 1st respondent insured with the 2nd respondent was driven by his driver in a rash and negligent manner and dashed against the motorcycle of the victim. As a result of which, the victim fell down from the vehicle and sustained multiple injuries and died on the spot. The claimants who are the parents of the deceased filed a claim petition seeking compensation of Rs.1,00,00,000/-.
3. Before the Tribunal, the 2nd appellant/2nd claimant was examined as PW.1 and two other witnesses were examined as PW.2 and PW.3. On the side of the appellants, 16 documents were marked as Exs.P1 to P16. No one was examined on the side of the 2nd respondent and no documents were marked.
4. Based on the evidence available on record, the Tribunal fixed the quantum of comp
The court established that notional income for compensation should reflect potential earnings based on recruitment documents, enhancing the total compensation awarded to the claimants.
The court can determine notional income based on reasonable estimates, and rejection of a salary certificate without examining its author is unjustified.
Compensation in motor accident claims must reflect fair assessment of victim's income and depend on valid evidence to determine just compensation.
The court reaffirmed the principles for calculating compensation for loss of dependency, ensuring future income prospects and correct multipliers are applied.
Compensation claims require substantiated evidence of income; mere assertions are insufficient to alter Tribunal's determinations.
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 established that future job prospects must be considered when determining notional income for compensation in motor vehicle accident cases.
An appeal for enhanced compensation was dismissed as the claimants failed to provide sufficient evidence for income, affirming Tribunal's compensation based on notional income principles.
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....
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