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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J. NISHA BANU, R.SAKTHIVEL
S.Balaraman – Appellant
Versus
S.R.M.Institute of Science and Technology, Rep. by its Chairman – Respondent
JUDGMENT :
R.SAKTHIVEL, J.
Feeling aggrieved by the Award dated August 18, 2021 passed in M.A.C.T.O.P.No.6593 of 2017 on the file of 'Motor Accident Claims Tribunal (Special Sub-Court No.2, Motor Accident Claims Petition) Small Causes Court, Chennai' (in short 'Tribunal'), the appellant / claimant therein has preferred this Civil Miscellaneous Appeal.
2. For the sake of convenience, the parties herein are referred to as per their array in the Original Petition.
Brief facts put forth by the Claimant
3. The case of the claimant is that on August 30, 2016 at about 07.30 a.m., while the he was travelling in his motorcycle bearing Registration No.TN-10-K-4530 at K.K.Nagar, Nesappakkam, Thiruvalluvar Road Junction in east to west direction, the SRM College bus bearing Registration No. TN-19-AB-0823, driven in a rash and negligent manner in the same direction i.e., from east to west, dashed against him, on account of which, he had sustained grievous injury. The accident had occurred due to the fault of the driver of the bus. The 1st respondent is the owner of the bus and the bus was insured with the 2nd respondent / Insurance Company. Stating that the respondents are vicariously liable to pay
Compensation for motor accident injuries must consider future earning capacity and apply the multiplier method for accurate assessment.
Compensation for motor accident injuries must consider future earning capacity and apply the multiplier method for accurate assessment.
The court modified the compensation awarded to reflect the severity of injuries and permanent disability, establishing that compensation must adequately address loss of earnings and future prospects.
The main legal point established is the application of the multiplier method and consideration of the claimant's occupation and permanent disability to assess and enhance the compensation.
Compensation for personal injury must reflect the severity of injuries and long-term impacts on the victim's life, including loss of income and future medical needs.
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