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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Sounthar
Kimneilhing Khongsai – Appellant
Versus
MLM Agencies – Respondent
JUDGMENT :
S.Sounthar, J.
Not satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal, Small Causes Court, Chennai in M.C.O.P.No.1857 of 2019, dated 05.06.2024, the claimants have filed this civil miscellaneous appeal.
2. It is the case of the appellants/claimants that husband of the 1st claimant, father of the 2nd claimant and son of the claimants 3 and 4 namely Lunjapao Singson died in a road accident that had occurred on 03.12.2018. According to the claimants, the deceased was riding his motorcycle bearing Registration No.TN-22-DH-6508 by properly wearing helmet proceeding from east to west. When he came near Children's Park, Sardarpatel Road, Guindy, Chennai, a lorry bearing Registration No.TN-22-DL-8653 owned by the 1st respondent and insured with the 2nd respondent came in a rash and negligent manner and dashed against the motorcycle. As a consequence, the deceased fell down from the motorcycle and sustained grievous head injuries and died on the spot. Therefore, the claim petition had been filed by the dependents of the deceased seeking compensation of Rs.80,00,000/-.
3. The 1st respondent remained exparte before the Tribunal and the claim petiti
Compensation claims require substantiated evidence of income; mere assertions are insufficient to alter Tribunal's determinations.
An appeal for enhanced compensation was dismissed as the claimants failed to provide sufficient evidence for income, affirming Tribunal's compensation based on notional income principles.
The main legal point established in the judgment is the determination of compensation under the Motor Vehicles Act based on the deceased's profession, age, and various aspects such as loss of depende....
The court determined appropriate notional income based on current living costs, enhancing compensation for loss of dependency and awarding additional conventional damages, resulting in an increased t....
Court enhanced compensation due to reassessed notional income and confirmed negligence by the lorry driver, establishing principles for calculating loss of dependency and conventional damages.
Court modifies compensation awarded in a motor accident case, increasing the notional income and adding amounts for loss of estate and consortium, emphasizing a reasonable assessment reflective of fi....
The court determined that notional income must reflect current economic conditions, leading to an increase in compensation after assessing future prospects of the deceased.
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