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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. SOUNTHAR
Reliance General Ins. Co. Ltd. – Appellant
Versus
M.G. Shaju – Respondent
JUDGMENT :
1. Aggrieved by the Award passed by the Motor Accident Claims Tribunal, the insurance company has filed CMA No.2655 of 2021.
2. Not satisfied with the quantum of compensation awarded by the Tribunal, the claimant has filed the Cross Obj.No.101 of 2021.
3. Both the civil miscellaneous appeal and the cross objection have been filed as against the compensation awarded by the Tribunal in MCOP No.170 of 2013, dated 19.06.2018.
4. According to the first respondent/ claimant, on 05.01.2011, when he was travelling as a pillion rider in his Hero Honda Motor cycle bearing registration No.TN 37 AH 1936, driven by his friend N.Karthik Kamal, the fourth respondent herein, a Bajaj Pulsar motor cycle bearing registration No. TN 37 AE 4394, driven by the first respondent came in the opposite direction in a rash and negligent manner and hit the motorcycle of the claimant. As a result of which, the claimant suffered head injury. The claimant filed a claim petition seeking compensation of Rs.25,00,000/- before the Tribunal.
5. The driver and owner of the offending vehicle remained exparte. The appellant herein/ insurance company, insurer of the offending vehicle filed counter and contested the
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Compensation in motor accident cases must consider actual income loss and the appropriate multiplier based on age, while negligence claims require reliable evidence.
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The court upheld the Tribunal's award of compensation for a fatal motorcycle accident, affirming findings of negligence and the calculation method used for compensation.
Disability assessments in compensation claims must adhere to statutory requirements, and compensation should accurately reflect the injuries sustained.
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