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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.Justice R. Kalaimathi, J
Amutha – Appellant
Versus
Kadharshek – Respondent
JUDGMENT :
R. Kalaimathi, J.
This Civil Miscellaneous Appeal has been preferred by the legal heirs of the deceased Prem Ananad, against the award dated 11.11.2022 passed in MCOP No.195 of 2021 by the MACT/Mahalia Court, Pudukkottai, on the issue of negligence and on quantum.
2.Despite the receipt of notice, the first respondent neither appeared nor entered appearance through the counsel.
3.Heard the arguments of the learned counsel for the appellants and the learned counsel for the second respondent.
4.The manner in which the accident took place is not in dispute.
5.The learned counsel appearing for the appellants would vehemently argue that the Tribunal fixed 20% contributory negligence upon the deceased is incorrect. It is his further argument that the deceased was an Operator in a Private Company besides working as a driver and earning a sum of Rs.40,000/ and Rs.20,000/- per month respectively. But the Tribunal has fixed his monthly income at Rs.13,000/ is very less. Hence, he prays for enhancement of compensation.
6.Upon consideration, the Tribunal fixed the income of the deceased at Rs.13,000/- and by adding future prospects of 25% and by deducting ¼ for personal and living expenses,
The court established that the Tribunal's assessment of income and contributory negligence was inadequate, leading to an enhanced compensation amount.
The court revised the compensation for loss of dependency and recognized loss of love and affection, establishing that contributory negligence should not diminish rightful compensation.
The court modified the compensation amount based on revised income assessment and contributory negligence, establishing clearer guidelines for future cases.
Contributory negligence must be proven with evidence; mere violation of safety regulations does not automatically imply negligence. Loss of consortium quantified at Rs.40,000/- for each claimant.
The court emphasized the importance of considering the specific circumstances of the case and cited relevant judgments to support their decision on contributory negligence and notional income.
The main legal point established in the judgment is the determination of compensation in a motor accident case, considering contributory negligence, loss of dependency, and the appropriate multiplier....
The court adjusted the compensation for death in a motor accident, emphasizing proper income calculations and dependency, aligning with established legal principles.
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