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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.Velmurugan, K.K.Ramakrishnan
Branch Manager, United India Insurance Company Limited – Appellant
Versus
Murugesan – Respondent
JUDGMENT :
K.K.RAMAKRISHNAN. J.
The insurance company has filed this appeal challenging the quantum passed in M.C.O.P.No.170 of 2021, dated 26.06.2023, by the Motor Accidents Claims Tribunal/Additional District Judge, Sivagangai.
2.Brief Facts of the Case:
The respondent Nos.1 and 2 are the parents of the deceased/Rajkumar. He worked in Doha Qatar Country as a steel fitter since the year 2016 and he came to India on leave on 04.02.2019. When he was riding the two wheeler bearing Registration No.TN 63 AC 9100 along with his father, the appellant insured vehicle namely Maxi Cab bearing Registration No.TN 57 BE 5275 came in the opposite direction and dashed against the deceased and in the result, he died. According to the respondent No.1 and 2, he earned Rs.30,000/- per month. Hence, they filed M.C.O.P.No.170 of 2021, dated 26.06.2023, by the Motor Accidents Claims Tribunal/Additional District Judge, Sivagangai and made a claim Rs.40,00,000/-.
3.The appellant/insurance company contested the said claim and specifically denied the negligence on the part of the appellant insured vehicle. According to the appellant/insurance company, the deceased himself suddenly crossed the road on the wrong
The tribunal's compensation of Rs.34,57,400 was affirmed as justified, with correct application of the multiplier method based on the deceased's established salary despite the insurance company's obj....
Compensation for motor accident victims must be based on documented income and future prospects, with negligence established when no opposing evidence is presented.
Motor Accident - Death - Liability of Insurance Company - Court not inclined to interfere with fixation of income done by Tribunal in this particular case. As such, the contention in this regard at i....
The court can determine notional income based on reasonable estimates, and rejection of a salary certificate without examining its author is unjustified.
Motor Accident - Death - Award is modified - Funeral expenses granted by Tribunal and same is required to be reduced was granted by Tribunal under head love and affection and same is not permissible.....
The main legal point established in the judgment is the determination of notional monthly income of the deceased and the reasonableness of compensation, based on precedents and legal principles.
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