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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI, J
Divisional Officer, The National Insurance Company, Puducherry – Appellant
Versus
Manjula – Respondent
JUDGMENT :
1. The Insurance Company who is the second respondent before the Motor Accident Claims Tribunal, Tittagudi, in M.C.O.P. No.95/2019 is the appellant in this Civil Miscellaneous Appeal.
2. Aggrieved by the quantum of compensation awarded by the Tribunal, the Insurance Company has brought forth the present Civil Miscellaneous Appeal.
3. The present appeal is directed against the Award dated 11.01.2022 passed by the Motor Accidents Claims Tribunal, Thittagudi, in MCOP No.95/2019, directing the appellant/Insurance Company to pay a sum of Rs.41,67,584/- with interest at the rate of 7.5% per annum from the date of presentation of the petition till the date of realisation for the death of one Gopala Krishnan, husband of the first claimant and father of the claimants 2 and 3 and son of the claimants 4 and 5.
4. The respondents/claimants herein preferred the abovesaid Claim Petition for the death of Gopala Krishnan who met with an accident on 22.09.2019. On that fateful day, when the deceased was standing in front of his house situated in Eriyur-Kandanguruchi Main Road, a lorry bearing Registration No.TN 28 AF 8793 came towards North, driven by its driver in a rash and negligent manne
The court dictates that compensation claims require substantiated evidence of income, and notional income can be adjusted based on evidence, leading to reduced compensation in absence of proof.
The court's decision emphasized the importance of accurately determining the deceased's income for calculating compensation, relying on bank statements and considering fluctuations and deductions.
Calculation of compensation for loss of dependency based on the deceased's fluctuating and contractual income, and the application of a multiplier to determine the enhanced compensation.
The main legal point established in the judgment is the importance of documentary evidence in determining compensation for motor accident claims, and the application of future prospects and personal ....
Compensation adjustments for loss of dependency and conventional damages must follow binding judicial precedents.
The court clarified compensation principles under motor accident claims, emphasizing adjustments based on income, age, and judicial precedents for quantifying damages.
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