The High Court allowed an appeal against a Motor Accident Claims Tribunal award. Enhancing compensation for the death of a 5-year-old child from Rs. 57,700 to Rs. 3,57,700, including loss of love and affection, with interest.
Total compensation enhanced to Rs. 3,57,700 with 7.5% per annum interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 09.12.2016
CORAM:
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
C.M.A.No.3050 of 2008
Prayer : Civil Miscellaneous Appeal preferred under Section 173 of the Motor Vehicles Act, 1988, against the award passed by the Hon'ble Motor Accident Claims Tribunal Cum Sub-court, Coimbatore, made in M.A.C.T.O.P.No.1013/98 DATED 28.04.2003.
For Appellants : Mr.S.Stalin Muthu
For Respondents: No Appearance
The claimants have lost their little daughter, aged 5 years, in a road accident has come forward with this appeal, seeking enhancement of compensation.
wrong side of the road and collided with the car in which the claimants and their child were travelling. In the accident, the child died, whereas the claimant suffered injuries. Seeking compensation for the loss of the child in the road accident, the parents had moved the Motor Accidents Claims Tribunal, seeking a total compensation of Rs.5,00,000/-, against which, the Tribunal has passed an award for Rs.57,700/- in all. The Tribunal had found that the negligence of the driver of tempo traveller, the fourth respondent before it, has resulted in the accident. Before this Court despite serving notice on respondents 4 to 6, none appeared.
The Civil Miscellaneous Appeal is allowed with costs.
-s/d-
True Copy
Sub-Assistant Registrar
kmi
To
Trichy Road, Ramanathapuram, Coimbatore.
3.The Motor accidents Claims Tribunal/ Subordinate Judge, Coimbatore
C.M.A.No.3050 of 2008
kgk(co)
aa12/01/2017
2 issues framed by the court
Whether the compensation awarded by the Tribunal for the death of a 5-year-old child was insufficient to permit enhancement.
Whether compensation should be awarded for loss of love and affection in cases involving child fatalities.
1 provisions across 1 enactments
M. Vidyasekar
V. Rajeswari
M/s. Premier Industries
United India Insurance Company Ltd.
S. P. Bushkaran
P. M. Benzan
N. Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
