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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
Branch Manager, The New India Assurance Company Limited – Appellant
Versus
Christy Ponselvi – Respondent
| Table of Content |
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| 1. factual background of the accident and claim. (Para 2 , 3) |
JUDGMENT :
K.K. RAMAKRISHNAN, J.
The appellant, namely the Insurance Company, which figured as respondent Nos. 2 and 3 in M.C.O.P. No. 321 of 2022 on the file of the Motor Accident Claims Tribunal-cum-Additional Subordinate Judge, Tirunelveli, has preferred the present appeal challenging the quantum of compensation awarded by the Tribunal under the impugned judgment dated 11.08.2025.
2. The brief facts of the case:
The case of the claimants is that one Daniel Rathnasingh met with a fatal accident on 07.11.2021 while he was travelling in his car bearing Registration No. TN-14-E-5146. At that time, the vehicle insured with the appellant, bearing Registration No.TN-63-AY-1122, which was driven in a rash and negligent manner, dashed against the deceased’s vehicle. Due to the impact, the said Daniel Rathnasingh sustained fatal injuries and died on the spot. Consequently, a case in Crime No. 232 of 2021 was registered against the driver of the offending vehicle.
3. Case of the Claimants
The legal heirs of the deceased filed M.C.O.P. No. 321 of 2022 before the Tribunal claiming a compensation of Rs.75,00,000/-. In the
The reliance on unchallenged Income Tax Returns for determining the deceased's income is valid, leading to a reduction of compensation from Rs.71,17,080 to Rs.68,70,000.
The court's decision emphasized the importance of accurately determining the deceased's income for calculating compensation, relying on bank statements and considering fluctuations and deductions.
Calculation of compensation for loss of dependency based on the deceased's fluctuating and contractual income, and the application of a multiplier to determine the enhanced compensation.
The court reinforced the principle that reliable income evidence is crucial in determining compensation for loss of dependency in motor vehicle accident claims.
The court reaffirmed the principles for calculating compensation for loss of dependency, ensuring future income prospects and correct multipliers are applied.
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