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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
Shriram General Insurance Company Ltd. – Appellant
Versus
Vijayalakshmi – Respondent
JUDGMENT :
R.Sakthivel, J.
Feeling aggrieved by the Award dated September 1, 2021 passed by 'the Motor Accident Claims Tribunal cum Special District Court, Salem' ['Tribunal' for short] in M.C.O.P.No.1417 of 2016, the second respondent therein namely – Shriram General Insurance Company Limited, has preferred C.M.A. No.1251 of 2022 seeking to set aside the same, while the petitioners therein have preferred C.M.A. No.1370 of 2023 seeking enhancement of compensation.
2. As these Civil Miscellaneous Appeals arise out of one and the same Award, they will be governed by this Common Judgment.
3. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Petition.
PETITIONERS' CASE
4. The deceased - Jayaraman passed away in an accident that occurred on February 27, 2016 at about 02.30 p.m. The petitioners 1 to 4 are his wife, two children and mother respectively.
4.1. On the fateful day, the deceased -Jayaraman was travelling on Salem – Chennai National Highway along with his friends in an Ford Eco- Sport Car bearing Registration No.TN-10-AT-3903. As the car tyre got punctured, they parked the car opposite Pavender Polytechnic at Manivizhunthan on
The court established that compensation claims must reflect actual income with deductions for personal expenses and future prospects while confirming liability based on rash driving.
Courts must scrutinize posthumous income claims for accuracy to ensure fair compensation reflective of loss and dependency, aligning with statutory principles of the Motor Vehicles Act.
The court emphasized that income tax returns cannot be rejected solely due to being filed posthumously; the average income must be considered for fair compensation calculation.
The court established that compensation under the Motor Vehicles Act must reflect just compensation principles, including future prospects and appropriate deductions.
The court adjusted the compensation for death in a motor accident, emphasizing proper income calculations and dependency, aligning with established legal principles.
The court applied the Uttar Pradesh Motor Vehicles Rules, 1998 to determine the compensation, including income, future prospects, and conventional heads, and upheld the interest and manner of payment....
The court established that insurers can be held liable to pay compensation even if the driver lacks a valid license, following the 'pay and recover' principle.
Assessment of compensation under non-pecuniary heads and the rate of interest should be in line with established legal principles and specific legal provisions.
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