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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.Nisha Banu, R.Sakthivel
Selvam (Died), S/o. Ranganathan – Appellant
Versus
Managing Director TNSTC Ltd. – Respondent
JUDGMENT :
R.SAKTHIVEL, J.
Feeling aggrieved by the Award dated October 29, 2021 passed by the ‘Motor Accidents Claims Tribunal / Principal Special Judge, Special Court under EC & NDPS Act, Chennai – 600 104’ (‘Tribunal’ for short) in M.C.O.P.No.6427 of 2017, the legal representatives of the petitioner therein have preferred CMA.No.685 of 2023 for enhancement of compensation, while the respondent therein / Transport Corporation has preferred CMA No.109 of 2025 praying to set aside the Award. This Common Judgment will now govern both these Civil Miscellaneous Appeals.
2. The petitioner in the claim petition passed away on April 20, 2022 and his legal representatives were brought on record vide this Court’s Order dated November 13, 2024 made in CMP Nos.19170 to 19172 of 2024 in CMA SR.No.112714 of 2023 and CMA No.685 of 2023.
3. For the sake of convenience, the parties herein will be referred to as per their rank in the Motor Claim original Petition.
PETITIONER’S CASE
4. On June 29, 2017 at about 19.30 hours, while the petitioner was sitting on a small bridge near his residence in Sathanancherry Village, driver of the respondent’s bus bearing Registration No.TN-21-N-1335 driving the bus in
Court upheld the finding of negligence against the Transport Corporation and revised compensation based on the claimant's substantial injuries and consequent hardships.
The court reaffirmed that proper assessment of income and future prospects is essential in determining compensation for injuries sustained due to negligence, particularly where evidence establishes a....
Negligence of the bus driver was established leading to the deceased's death; compensation increased to Rs.61,48,400 by correcting the income calculation and including future prospects.
The court established that gross salary, including future prospects, should be considered for compensation in fatal accident claims, with a standard deduction of 1/3rd for personal expenses.
The court upheld the Tribunal's finding of negligence by the bus driver, affirming a substantial compensation award for the severely injured petitioner, indicating the importance of thorough evidence....
The court affirmed the Tribunal's decision, holding the first respondent solely liable for the accident and upholding the compensation awarded as just and reasonable.
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