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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Kalaimathi, J
Keerthika – Appellant
Versus
Sakthivel – Respondent
| Table of Content |
|---|
| 1. establishing the occurrence of the accident and liability. (Para 3) |
| 2. assessment of contributory negligence regarding safety gear. (Para 5 , 8 , 9) |
| 3. determining age and applying the correct multiplier for dependency. (Para 7 , 10) |
| 4. calculation and final award of enhanced total compensation. (Para 12 , 13) |
JUDGMENT
Not satisfied with the quantum of compensation granted in Award dated
23.03.2023 passed in M.C.O.P.No.18 of 2021 on the file of the Motor Accident Claims Tribunal/First Additional District Court, Namakkal, the legal heirs of the deceased Sathish Kumar has preferred this Civil Miscellaneous Appeal for enhancement of compensation.
2. Parties are indicated herein as per their litigative status and ranking before the Tribunal.
3. According to the claimants, on 03.10.2020 at about 5.30 p.m. when the deceased Sathish Kumar was riding his motor cycle bearing Reg.No.TN 28 AR 9659 along Pallapatti-Thottipatti Road, in front of the residence of Sivakumar, the driver of the Tipper Lorry bearing Reg.No.TN.28AK 6274 came in a rash and negligent manner and at high speed hit upon the two wheeler and thereby the accident occurred. In the result, the said Sathish Kumar, s
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