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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR, J
Malarkodi – Appellant
Versus
Diamond Engineering Chennai Pvt. Ltd. – Respondent
JUDGMENT :
1. Not satisfied with the quantum of compensation awarded by the Tribunal, the injured/claimant has come before this court by way of filing the present appeal.
2. It is not in dispute that the injured/claimant met with an accident on 01.10.2014, when she travelled as a pillion rider in the motor cycle bearing registration No.TN 19-8371, driven by its driver. It is the case of the appellant/claimant that the bus bearing registration No.TN 22 BX 4008 belonging to the first respondent, came from the back side of the motorcycle and caused the accident. As a result of the accident, the left leg of the appellant got amputated at knee level. Both the counsel have not advanced any argument on the question of negligence and liability and therefore, the facts necessary for fixing negligence and liability have not been considered in the present appeal.
3. The learned counsel for the appellant/claimant would submit that the accident occurred on 01.10.2014 and inspite of the fact that the appellant produced salary slip, salary certificate, etc. issued by her employer and the same were marked as Ex.P10, P14 and P11, the Tribunal failed to take into consideration those documentary evidenc
The court emphasized the necessity of accurately assessing income and disability in compensation claims, leading to a significant enhancement of the awarded amount.
Compensation for disability must adequately reflect projected future income loss and incurred medical expenses, emphasizing public welfare in motor vehicle accident claims.
The main legal point established in the judgment is the application of principles related to compensation under the Motor Vehicles Act, 1988, including the assessment of disability, loss of income, a....
The court established that evidence of income can be validated through oral testimonies despite lacking formal documentation, and defined functional disability as critical for compensation in persona....
Compensation for permanent disability must reflect the actual impact on earning capacity and consider the claimant's socio-economic background.
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