Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR, J
R. Venkateswaran – Appellant
Versus
Ramasamy – Respondent
JUDGMENT :
(S. SOUNTHAR, J. )
This appeal has been filed by the claimant, seeking enhancement of compensation awarded by the Tribunal.
2. The appellant met with an accident on 17.06.2015, while he was driving TVS Scooty Pep bearing Registration No. TN 30 AU 3802. The driver of the motor cycle, bearing registration No. TN 30 BA 9711, belonging to the first respondent, has driven the vehicle in a rash and negligent manner and dashed against the appellant. As a result of accident, the appellant received a crush injury in his right leg and as a consequence, his right leg was amputated below the knee level. Therefore, the appellant has filed MCOP No.285/2018 seeking compensation of Rs.65,00,000/-.
3. The first respondent remained exparte and the claim petition was resisted by the second respondent/ Insurance company by filing counter affidavit, denying the averment contained in the original petition.
4. The Tribunal, based on the evidence available on record, came to the conclusion that the accident had taken place due to the rash and negligent driving of the driver of the first respondent's vehicle.
5. The learned counsel for the appellant would submit that right leg of the victim was amput
The court emphasized that compensation for personal injury must account for ongoing costs related to disability and loss of marital prospects, enhancing the total award based on these considerations.
(1) In cases of permanent disablement caused by a motor accident, claimant is entitled to not just future loss of income, but also future prospects.(2) Permanent disability suffered in motor accident....
The principle of 'just compensation' in motor vehicle accident cases requires that the assessment of damages considers both pecuniary and non-pecuniary losses, reflecting the actual impact of injurie....
The court emphasized the necessity of accurately assessing income and disability in compensation claims, leading to a significant enhancement of the awarded amount.
The main legal point established is that amputation and disability can be considered as a functional disability, and the loss of limb can be equivalent to the loss of livelihood, influencing the dete....
The judgment emphasizes the necessity for just compensation reflecting both the severity of injuries and the lifelong impacts on the victim's earning potential and dignity.
Court emphasized the need for compensation to reflect permanent disability and loss of earning capacity, enhancing the award to ensure justice.
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
