IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
BAYRAPPA S/o. Nethappa D.No.21,2/18-1, Kothapalli Village, Binnamangalam Post, Denkanikottai Taluk, Krishnagiri Dist. – Appellant
Versus
SMA Transports Rep by its Proprietor Attibele Anekal TK, Bangalore 562107, Karnataka – Respondent
| Table of Content |
|---|
| 1. circumstances leading to the accident and initial compensation awarded. (Para 2 , 3) |
| 2. enhancement of compensation and reasoning for adjustments. (Para 4 , 7 , 8 , 9) |
| 3. arguments regarding the assessment of notional income. (Para 5 , 6) |
| 4. final decision regarding the appeal outcome. (Para 10 , 11) |
JUDGMENT
Challenging the impugned award passed by the tribunal in MCOP.No.56 of 2020, the petitioners have preferred this Civil Miscellaneous Appeal seeking for enhancement of compensation.
2. The claimants are father and sisters of deceased. The case of the claimants is that on 09.07.2019 at about 13.15 hours, the petitioner's son was riding his two wheeler bearing Regn. No. TN-70 K-5077 in Bagalore to Hosur Road. While nearing Liberty show room, the driver of Tipper Lorry bearing Regn. No. KA-59-0947 drove it in a rash and negligent manner without any signal or sound in the opposite direction from Hosur towards Bagalore, dashed the petitioner's two wheeler and caused an accident. Due to which, the deceased sustained fatal injuries, for which he underwent treatment in the hospital, but he died inspite of treatment. Under these circumstances, the claim petition came to be
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