Selvi v. Rameshkannan
Case brief
What is this about?
The Court enhanced the compensation awarded for death in a motor accident from Rs. 7,03,600 to Rs. 8,50,000. It deleted unwarranted income tax deduction, confirmed the income multiplier, and increased loss of consortium damages due to underestimation.
What did the court decide?
Compensation enhanced from Rs. 7,03,600 to Rs. 8,50,000 including interest at 7.5% per annum.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2015
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
C.M.A. No.1144 of 2015
1.Selvi
2.Seethammal ...Appellant/Claimants
Vs.
1.Rameshkannan
2.M/s Gugan Transport (P) Ltd.,
Perundurai PSG Mill Premises,
No.191, Kovai Main Road,
Perundurai Taluk, Erode District.
3.The Branch Manager,
United India Insurance Company Ltd.,
No.96-B. K.T. Complex,
New Scheme Road, Pollachi,
Coimbatore District. ...Respondents/Respondents
Appeal under 173 of the Motor Vehicles Act, 1988, against the
judgment and award dated 30.01.2015 passed in M.C.O.P.No.64 of 2014
on the file of the Motor Accidents Claims Tribunal (Sub Court),
Perundurai.
For Appellants : Mr.S.Kaithamalai Kumaran
For respondents : Mr.J.Chandran for R3
JUDGMENT
This Civil Miscellaneous Appeal has been preferred by the appellants/claimants against the award of Rs.7,03,600/- for the death of one Avinasiappan, aged about 50 years, a Mechanic, alleged to be earning a sum of Rs.20,000/- per month at the time of accident, which occurred on 12.03.2014.
- Heard Mr.S.Kaithamalai Kumaran, learned counsel appearing for the appellants and Mr.J.Chandran, learned counsel appearing for the third respondent-Insurance Company.
Issues for consideration
3 issues framed by the court
Whether the compensation awarded by the Tribunal should be enhanced due to errors in calculating loss of income and underestimation of loss of consortium.
Whether deduction of 10% towards Income Tax was legally sustainable.
Whether the multiplier applied for loss of future earnings was correct.
Parties & counsel
- appellant
Selvi
- appellant
Seethammal
- respondent
Rameshkannan
- respondent
M/s Gugan Transport (P) Ltd.
- respondent
The Branch Manager, United India Insurance Company Ltd.
Case details
As recorded by the court registry
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