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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.JAYACHANDRAN, R.POORNIMA
B.Muthulakshmi – Appellant
Versus
Managing Director, Tamilnadu State Transport Corporation – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and accident details. (Para 1 , 2) |
| 2. claimants' arguments for compensation increase. (Para 3 , 4) |
| 3. respondent's argument regarding loss of income. (Para 5) |
| 4. importance of pension in loss of income. (Para 10 , 11) |
| 5. final compensation calculation. (Para 12) |
| 6. conclusion and directive for compensation disbursement. (Para 14 , 15 , 16) |
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 t
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.
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