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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI
Niraikulathupandi – Appellant
Versus
Rengaraj, S/o. Karuppaiya – Respondent
JUDGMENT :
P. Vadamalai, J.
This Civil Miscellaneous Appeal is preferred challenging the Award, dated 07.12.2024 passed in MCOP.No.68 of 2021 by the Motor Accident Claims Tribunal/Additional District Judge, Virudhunagar.
2.The petitioners/claimants in M.C.O.P.No.68 of 2021 have preferred the appeal seeking for enhancement of compensation. The respondents herein are respondents 1 and 2 in the claim petition.
3.For the sake of convenience, the parties as arrayed in M.C.O.P.No.68 of 2021 are adopted hereunder.
4.The brief facts of the case:
On 23.02.2021 at about 5.00 p.m., the deceased Bakiyalakshmi, along with her relatives were drying the agricultural goods on the side of the Sennalkudi - Kottur road near Sennalkudi. At that time, the first respondent’s two wheeler bearing registration No.TN 67 BL 4972 was ridden by its rider along with two pillion riders at a hectic speed from north to south on the said road and dashed against the deceased. Due to the impact, the deceased Bakiyalakshmi was thrown away and sustained multiple fatal injuries. Immediately, she was taken to Government Hospital, Virudhunagar, but she died. An FIR in Crime No.56 of 2021 U/s.279 and 304(A) of IPC was registered
In computing compensation for the death of a bachelor in a motor accident, a mandatory deduction of 50% of the deceased's income must be applied towards personal and living expenses, consistent with ....
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The court adjusted the compensation for death in a motor accident, emphasizing proper income calculations and dependency, aligning with established legal principles.
The court reaffirmed that negligence in motor vehicle accidents is determined by preponderance of probabilities, and established that split multipliers for compensation calculations are erroneous.
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