High Court increased compensation awarded in fatal road accident case from Rs. 2.11 lakhs to Rs. 3.36 lakhs. Court revised notional income of deceased fisherman from Rs. 1,000 to Rs. 2,000 and enhanced non-pecuniary heads for loss of consortium and love and affection.
Compensation enhanced from Rs. 2,11,000 to Rs. 3,36,200 to be paid by 2nd respondent within six weeks.
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
DATED: 20.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
C.M.A.No.1628 of 2001
Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 25.04.2001 and made in M.C.O.P.No.3033 of 1997 on the file of the Motor Accident Claims Tribunal, V Judge, Court of Small Causes, Chennai.
For Appellant : Mrs.R.Manoranjitham For 1st Respondent : Exparte For 2nd Respondent : Mr.N.Vijayaraghavan For 3rd Respondent : No Appearance
JUDGMENT
The claimants have preferred this appeal challenging the quantum of compensation paid to them consequent to a fatal road accident that took place on 27.04.1996 at 2.10 p.m. when a lorry belonging to the 1st respondent and insured with the 2nd respondent dashed against a pedestrian. The complainants/appellants are the widow and minor daughter respectively of the victim. They made a claim for Rs.5,00,000/-, but restricted the same to Rs.3,00,000/-, as against which the
Tribunal has passed an award for Rs.2,11,000/- and directed the respondents herein to pay the same with interest at the rate of 9% p.a.
compensation regarding which, they have not paid any court fee. The entire apportionment of the compensation shall be shared in the equal ratio between the wife and daughter of the victim. No costs.
-s/dAssistant Registrar(CS-IV)
True Copy
Sub-Assistant Registrar
ssn
C.M.A.No.1628 of 2001
RK(CO) SP(20/02/2018)
2 issues framed by the court
Whether the compensation awarded for fatal road accident was adequate considering the victim's income and age.
Whether the non-pecuniary damages for loss of consortium and love and affection required enhancement.
2 provisions across 2 enactments
C. Sakila
C. Deva Anbu Anto
B. Jagadeesan
National Insurance Co. Ltd.
J. Mariya Jone
N. Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
