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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. GOVINDARAJAN THILAKAVADI, J
Lad Devi, W/o. Late Ladulal Jain – Appellant
Versus
National RoadLines – Respondent
| Table of Content |
|---|
| 1. court evaluates original compensation ruling against evidence. (Para 1 , 3 , 6) |
| 2. claimants assert higher income not properly considered. (Para 2 , 4) |
| 3. insurance company's defense against enhanced compensation. (Para 7) |
Judgment
This Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 , against the Judgment and Decree dated 13.09.2024 made in M.C.O.P. No.3701 of 2022 on the file of the Motor Accident Claims Tribunal, IV Judge, Court of Small Causes, Chennai, seeking enhancement of compensation awarded by the Tribunal.
2.The appellants are the wife, children and mother of the deceased Ladulal Jain, who died in a road accident that occurred on 23.05.2022 at about 4.45 p.m. According to the claimants, the deceased was riding his motorcycle when a bus bearing Registration No.TN-20-DC-4738, driven in a rash and negligent manner, dashed against the motorcycle. Due to the impact, the deceased sustained fatal injuries and died. The legal heirs of the deceased claim petiton before the Motor Accident Claims Tribunal claiming a compensation of Rs.30,00,000/- for the death of the deceased.
3.After considering the oral and documentary e
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