Prabavathi v. Natrajan
Case brief
What is this about?
The court enhanced compensation for death in a motor vehicle accident. It added 50% for future prospects, adjusted personal expenses, increased consortium and funeral expenses, and ordered deduction of prior workmen's compensation payable by the corporation.
What did the court decide?
Compensation enhanced to Rs.11,31,660/- after deducting workmen's compensation. Interest at 7.5% per annum awarded. Minors directed to file for declaration of majority.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.7.2015
CORAM:
THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN
CMA.No.3137 of 2015
1.Prabavathi
2.Minor Nethra
3.Minor Ariyaman
Minors 2 & 3 are rep. by their
Mother and guardian Prabavathi ... Appellants/Petitioners
Versus
1.Natarajan
2.Oriental Ins.Co.Ltd.,
No.68, Vallal Pachaiyappan Street,
Kancheepuram.
3.Managing Director,
Tamil Nadu State Transport Corpn.Ltd.,
Erode.
... Respondents/Respondents
Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the judgement and decree dated 27.06.2008
and made in M.C.O.P.No.567 of 2005 on the file of MACT/Principal Sub
Court, Gobichettipalayam.
For Appellant : Mr.Ma.P.Thangavel
For Respondents : Mr.M.B.Ragavan for R2
JUDGMENT
The above appeal has been preferred by the claimants against the award amount of Rs.9,20,500/- for the death of one Ravichandran, aged about 40 years, worked as a driver in Tamil Nadu State Transport Corporation and allegedly earning about a sum of Rs.7237/-, in the accident occurred on 15.7.2005.
- Heard Mr.Ma.P.Thangavel, learned counsel appearing for the appellants and Mr.M.B.Raghavan, learned counsel appearing for the second respondent Insurance Company.
Issues for consideration
3 issues framed by the court
Whether 50% should be added to monthly income for future prospects and if the Tribunal's deduction of personal expenses was correct.
Whether the Workmen Compensation Act award given by the employer needs to be deducted from the Motor Vehicles Act compensation.
Whether minors who attained majority before the judgment should be paid their shares directly.
Parties & counsel
- appellant
Prabavathi
- appellant
Minor Nethra
- appellant
Minor Ariyaman
- respondent
Oriental Ins. Co. Ltd.
- respondent
Managing Director, Tamil Nadu State Transport Corpn. Ltd.
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court