IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V. Thamilselvi, J
Usha – Appellant
Versus
Kalaivanan – Respondent
| Table of Content |
|---|
| 1. court evaluated facts leading to compensation entitlement. (Para 2 , 3 , 4 , 8) |
| 2. arguments regarding income calculation and compensation enhancement. (Para 5 , 6) |
| 3. assessment and adjustment of compensation based on dependency calculation. (Para 9 , 10) |
JUDGMENT
The appellant had filed this appeal to enhance the award dated
21.11.2022 in M.C.O.P.No.6823 of 2018 on the file of the Motor Accident Claims Tribunal, VI Judge, Small Causes, Chennai. .
2. The brief facts of the case of the appellant/claimant is as follows: On 08.09.2018 at about 17.10 hours when the deceased was travelling as a pillion rider in a motor cycle bearing Reg.No. TN-05-BS- 6529, the rider of the said two wheeler dashed against the Kodaimara Salai House, as a result of which the deceased sustained grievous injuries and succumbed to the injuries. Hence, the wife of the deceased filed a claim petition before the Tribunal seeking compensation for a sum of Rs.15,00,000/-.
3. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.23,38,000/- as compensation, directed the second respondent to pay the said amount to the appellant along w
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