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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Sounthar, J
E.Lakshmi – Appellant
Versus
Corporation of Chennai, North Chennai Main Depot – Respondent
JUDGMENT :
S.Sounthar, J.
Not satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal, the appellants/claimants have come by way of this appeal.
2. The husband of the first claimant and father of the claimants 2 to 4 died in a road accident that had occurred on 05.12.2008. It is the case of the claimants that the deceased was travelling in a lorry bearing registration No.TN-04B-4060 belonging to the first respondent Corporation. The lorry was driven by its driver in a rash and negligent manner, hit the tree branches, as a result, the trash boxes kept in lorry had fallen over the victim, due to the impact, the victim fell down from the lorry and sustained multiple injuries. He was admitted in a Government Hospital and died on 14.12.2008. Therefore, the claimants have filed the Motor Accident Claim petition seeking compensation.
3. The claim petition was opposed by the first respondent/Corporation on the ground that the accident had occurred only due to the negligence of the deceased. The negligence on the part of the driver of the lorry was specifically denied. It was further claimed by the first respondent that the lorry was insured with the second resp
The court emphasized the validity of salary certificates from government bodies and the necessity to include future prospects in compensation calculations for road accident claims.
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 can determine notional income based on reasonable estimates, and rejection of a salary certificate without examining its author is unjustified.
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....
Compensation awarded must align with established case law, ensuring fair calculations for loss of dependency and applicable deductions.
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