Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.JAYACHANDRAN, R.POORNIMA
B.Muthulakshmi – Appellant
Versus
Managing Director, Tamilnadu State Transport Corporation – Respondent
JUDGMENT :
G.JAYACHANDRAN, J.
The Civil Miscellaneous Appeal is directed against the award passed in MCOP.No.156 of 2018 on 15.10.2022 by the Motor Accident Claims Tribunal at Nagercoil. The appellants herein are the claimants before the Tribunal. The Appeal is filed for enhancement of compensation, primarily on the ground that the motor accident victim was drawing a pension of Rs.33,092/- per month and same is substantiated through Ex.P-14. Despite admitting it, the Tribunal erroneously declined to compensate the loss of income stating that the first claimant who is wife of the deceased getting family pension, hence, there is no loss of income.
2. The brief facts leading to the Appeal :
On 09.01.2017, while the deceased Thiruvambalam Pillai was riding his two wheeler bearing registration No:TN 74 AJ 2289 leading to his Village along the Nagercoil to Kanniyakumari Highways, he was hit behind by the passenger bus bearing registration No:TN 74 N 1280 owned by the first respondent Transport Corporation driven by the second respondent near Ashram Railway Overbridge. The rider of the vehicle Thiruvambalam Pillai was thrown down and sustained head injury. He was admitted in a private hospita
Pension income constitutes a loss in dependency claims and must be compensated irrespective of family pension received by heirs.
The court established that multiplier for compensation depends on the accurate assessment of the deceased's age and clarified that family pension cannot be included as income for loss of dependency.
Compensation for loss of dependency must not deduct pension or personal expenses; future prospects should be included, with the correct multiplier applied.
Family pension is not a pecuniary advantage related to accidental death and should not be deducted from compensation awarded under the Motor Vehicles Act.
Compensation for wrongful death under the Motor Vehicles Act must not deduct pension or insurance benefits; claimants are also entitled to future prospects enhancement regardless of the deceased's ag....
Family pension cannot be deducted from the deceased's income when calculating compensation for wrongful death in motor accident claims.
The main legal point established in the judgment is the determination of 'just compensation' under the Motor Vehicles Act, 1988, and the clarification that pensionary benefits, family pension, and ot....
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
