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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
Shanmugam – Appellant
Versus
B. Ramachandran – Respondent
JUDGMENT :
1. These appeals have been filed by the appellants/claimants seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal and Special District Judge, Salem, in the judgment dated 16.08.2021 made in M.C.O.P.Nos.1005 and 1006 of 2015 respectively.
2. The brief facts of the case is that on 22.12.2014 at about 10.00 a.m., the deceased Alamelu (M.C.O.P.No.1005 of 2015) and the deceased Poornima (M.C.O.P.No.1006 of 2015) were travelling as passengers in a bus in Salem to Namakkal Main Road near Sanhiyur Branch Road West of Ponnusamy Thottam. At that time, the lorry bearing Registration No.TN 29 AK 6428 which came in the opposite direction in a rash and negligent manner hit against the centre media of the road and hit the bus in which the deceased travelled, due to which, the deceased lost their lives.
3. Thereafter, the dependants of the deceased filed claim petitions before the Motor Accidents Claims Tribunal, claiming compensation of Rs.20 Lakhs each. After adjudication, the Tribunal, awarded a sum of Rs.9,29,000/- and Rs.8,41,000/- respectively, with interest at the rate of 7.5% p.a. from the date of petition till the date of realization and proportio
Compensation for death in motor accidents must reflect the deceased's earning capacity and future prospects, ensuring just and reasonable awards.
The Court considered the deceased's qualifications, age, and future prospects to determine the notional income and enhance the compensation accordingly.
Point of law:Accident claim – Enhancement of compensation - Notional monthly income of the deceased -Awards a compensation towards loss of estate granted
The main legal point established in the judgment is the court's authority to modify and enhance compensation awarded by the Tribunal based on considerations such as the deceased's avocation, income, ....
The court considered the actual salary and future prospects of the deceased to calculate the compensation amount, leading to an enhancement of the awarded sum.
Compensation adjustments in motor accident claims, based on victim's earnings and relevant legal precedents.
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