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2015 Supreme(Online)(Mad) 5

MADRAS HIGH COURT
S.M. MODI, J
Managing Director Tamil Nadu State Trans. Corpn. Ltd. v. S. Vasuki and Others


Table of Content
1. liability of transport corporation for negligence in a traffic accident. (Para 1 , 2 , 3)
2. assessment of income and deduction strategy for compensation. (Para 4 , 5 , 10)
3. arguments pertaining to the quantum of compensation awarded. (Para 6 , 7 , 8)
4. court's rationale for compensation calculations based on prior case laws. (Para 9 , 11)
5. final orders on compensation enhancement and dismissal of appeals. (Para 12 , 13)

1. Challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal (Chief Judge, Small Causes Court), Chennai in M.C.O.P.No.4257 of 2007 for the death of the deceased Senthil Kumar in the road traffic accident occurred on 10.9.2007, the Tamil Nadu State Transport Corporation Limited has filed the appeal in C.M.A.No.1905 of 2012. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the claimants, who are wife, parents and children of deceased, have filed C.M.A.No.1567 of 2013 seeking enhancement of the compensation. For the sake of convenience, the parties are referred to as arrayed in C.M.A.No.1905 of 2012.

2. Brief facts are that on 10.9.2007 when the deceased Senthil Kumar was riding a two wheeler b













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