Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.KUMARESH BABU
Kamaraj S/o Chittu @ Veerasamy – Appellant
Versus
Samsudeen (Died) S/o Kadar Ibrahim – Respondent
| Table of Content |
|---|
| 1. injury due to negligent driving (Para 2 , 3) |
| 2. compensation awarded by claims tribunal (Para 4) |
| 3. claimant's appeal for enhanced compensation (Para 5 , 6 , 7) |
| 4. insurance company's challenge on compensation amount (Para 8 , 9 , 10) |
| 5. court's modifications to awarded compensation (Para 11 , 12 , 13 , 15) |
| 6. final conclusion and modification of award (Para 16) |
JUDGMENT :
K. KUMARESH BABU, J.
1. The present Civil Miscellaneous Appeals have been filed challenging the judgement and Award dated 2017 dated 05.06.2020, in MCOP No.312 of 2017 passed by the Motor Accident Claims Tribunal (Sub Court) Jayankondan.
2. The facts leading to the present lis is that, on 02.09.2016 at about 7:15 p.m., the claimant, had met with an accident due to the rash and negligent driving of a Two Wheeler which, came from behind and dashed him, causing grievous injuries, including a skull fracture and blood clot his brain vessels. He was immediately rushed to the hospital, where he underwent brain surgery and continued the treatment as an inpatient from 03.09.2016 to 30.09.2016.
3. The injuries sustained by the claimant have resulted in permanent disability, assessed at about 25%, which has substan
The appellate court may revise compensation awarded by the lower tribunal if found inadequate or excessive based on established legal principles and evidence of permanent disability.
Non-functional permanent disability compensation assessed per percentage without multiplier; enhancements and reductions balanced to confirm original award.
The main legal point established in the judgment is the application of the multiplier method for determining compensation for disability and the court's authority to enhance compensation based on the....
The main legal point established in the judgment is the court's authority to enhance compensation based on the cost of living and legal precedents.
The court revised the compensation based on the claimant's income and disability percentage, considering medical evidence and previous judgments.
The court emphasized that compensation for injuries must comprehensively address all aspects, including loss of income during treatment, ensuring just and reasonable awards.
In motor accident claims, disability percentage assessed by Medical Board must be adopted if it affects lifelong earning capacity; arbitrary reduction by Tribunal without basis is erroneous, warranti....
Assessment of damages under the Motor Vehicles Act, 1988.
The central legal point established in the judgment is the assessment of compensation for injuries under the Motor Vehicles Act, considering factors such as loss of earning capacity, pain and sufferi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
