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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
T.Adithya S/o Thangaraj – Appellant
Versus
Kannan S. S/o N. Sundaram – Respondent
ORDER :
1. Today, this matter is listed under the caption “For Being Mentioned” at the instance of the Registry.
2. It is brought to the notice of the Court that in the last but one line of paragraph No.14 of the judgment dated 19.12.2024, instead of Appellant it has been stated that the Tribunal has to produce the proof for payment of Court fee for the enhanced compensation. Hence, the same may be modified.
3. In view of the above, Paragraph No. 14 of the judgment dated 19.12.2024 is recalled and shall stand replaced with the following paragraph:
“14. Accordingly, the appeal is allowed and the impugned Award of the Tribunal is modified by enhancing the compensation amount from Rs.5,20,900/- to Rs.19,98,500/-. The 2nd respondent-Insurance Company is directed to deposit the above said amount awarded by this Court to the credit of M.C.T.O.P.No.404 of 2020 along with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, within a period of six (6) weeks from the date of receipt of a copy of this judgment. On such deposit being made, the Tribunal is directed to transfe
The court emphasized the application of the multiplier method for compensation calculation in injury cases, correcting the Tribunal's reliance on the percentage method.
The court clarified that compensation for permanent disability must utilize the multiplier method, ensuring accurate reflection of future earnings and establishing clear guidelines for calculating da....
The court revised compensation calculations based on established legal principles and case law regarding income, injuries, and disability.
The assessment of disability, nature of injuries, and calculation of compensation under the Motor Vehicles Act were central to the court's decision.
The main legal point established in the judgment is the court's authority to enhance compensation based on the nature of injuries, loss of earning power, and relevant legal provisions.
The judgment addresses the modification of compensation awarded for personal injuries in motor vehicle accidents, emphasizing the application of appropriate income and disability assessments.
The judgment establishes principles for calculating compensation in personal injury claims, emphasizing the significance of accurate assessment of income and damages.
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