Khadar v. P.Selvaraj
Case brief
What is this about?
Civil Miscellaneous Appeal against an ex-parte award of the Motor Accident Claims Tribunal. The Court modified the compensation, enhancing the loss of income by recalculating monthly earnings and future prospects, and granting a fixed sum for loss of love and affection.
What did the court decide?
The impugned compensation of Rs. 7,37,000 was enhanced to Rs. 12,46,000 including interest at 7.5% per annum and a one-time sum for loss of love and affection.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2019
CORAM:
THE HONOURABLE MRS.JUSTICE S. RAMATHILAGAM
C.M.A.No.2745 of 2019
1.Khadar
2.Shakila ... Appellants/Plaintiffs
Vs.
1.P.Selvaraju
2.The Managing Director,
Tamilnadu State Transport
Corporation Limited,
Salem Division-1. ... Respondents/Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section
173 of Motor Vehicles Act, 1988, against the judgment and
decree dated 11.01.2017 made in M.C.O.P.No.208 of 2013, on the
file of Motor Accident Claims Tribunal, Principal District
Court, Namakkal.
For Appellants : Mr.C.Thangaraju
For R2 : Mr.S.V.Vasanthakumar
J U D G M E N T
The Civil Miscellaneous Appeal has been preferred against the judgment and decree dated 11.01.2017 made in M.C.O.P.No.208 of 2013, on the file of Motor Accident Claims Tribunal, Principal District Court, Namakkal.
2.The brief facts is as follows:
On 23.08.2012 at about 21.00 hrs at Namakkal to Trichy Road when the deceased was driving a Maruthi Omni Van bearing registration No.TN-28/AM-4407, on the left side of the road, in a normal speed, at that time a stage carriage bus bearing registration No.TN-30/N-0082 driven by its driver in a rash and negligent manner, dashed against the deceased and thus the deceased sustained severe grievous multiple injuries all over the body and died on the spot. The legal hiers of the deceased filed the claim petition claiming a sum of Rs.15,00,000/- as compensation under the various heads.
Issues for consideration
3 issues framed by the court
whether the monthly income of the deceased should be assessed at Rs. 7,500 instead of the Tribunal's Rs. 4,500 given the age and occupation.
whether compensation for loss of love and affection should be awarded on a count to the legal heirs.
whether the compensation awarded under the heads of loss of estate and funeral expenses is adequate and warrants enhancement.
Parties & counsel
- appellant
Khadar & Shakila
- respondent
The Managing Director, Tamilnadu State Transport Corporation Limited
Coram
S. RAMATHILAGAM
Case details
As recorded by the court registry
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