High Court enhanced compensation in a motor accident death claim. Court rejected Tribunal's lower notional income based on Syed Sadiq case, awarding Rs.12,500 monthly to total Rs.20.4 lakhs including interest.
Compensation enhanced to Rs.20,40,000 with interest at 7.5% per annum to be deposited by insurance company.
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:09.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.2547 of 2019
...Appellants/Claimants
Vs.
No.151-B1, Kollapatty Village, Animoor Post, Thiruchengode Taluk,
Namakkal District.
(1st respondent exparte before the Trial Court. Notice may be dispensed with)
Second Floor, Thiruchengode – 637 211.
... Respondents/Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 24.01.2019 made in M.C.O.P.No.629 of 2014, on the file of the Motor Accidents Claims Tribunal, I Additional District and Sessions Court, Vellore.
For Appellants : Mr.P.Satheesh Kumar For R1 : Set exparte For R2 : Mr.J.Chandran
JUDGMENT
The claimants are the appellants in this appeal. They have sought for enhancement of compensation awarded by the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court-I, Erode) in M.C.O.P.No.169 of 2007.
| Heads and Calculation | Amount |
|---|---|
| Loss of earning capacity:- | |
| Monthly Income : Rs.12,500/- | |
| Add: Future Prospects at 40 % (12,500 x 40/100) : Rs. 5,000/- ---------------- : Rs.17,500/- |
|
| Less: Personal Expenses 1/2nd | |
| (17,500 x 1/2) : Rs. 8,750/- ---------------- |
|
| : Rs. 8,750/- | |
| Annual Contribution to the family (8,750 x 12) : Rs.1,05,000/- |
|
| Multiplier 18 | |
| (1,05,000 x 18) : Rs.18,90,000/- | Rs.18,90,000/- |
| Loss of filial consortium to the 1st& 2nd appellants (40,000 x 2) |
Rs. 80,000/- |
| Heads and Calculation | Amount |
|---|---|
| Loss of Love and Affection to the 3rd | Rs. 30,000/- |
| appellant | |
| Loss of Estate | Rs. 15,000/- |
| Transportation Charges | Rs. 10,000/- |
| Funeral Expenses | Rs. 15,000/- |
| Total | Rs.20,40,000/- |
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
arb
To:
The Motor Accidents Claims Tribunal, Additional District and Sessions Court, Vellore.
+1CC to Mr.J.Chandran, Advocate, Sr.No.22540
C.M.A.No.2547 of 2019
BS (CO) K.RK. (08.10.2021)
2 issues framed by the court
Whether the compensation awarded by the Tribunal should be enhanced given the deceased was an aspiring electrical engineer with a higher potential earning capacity.
Whether the Tribunal's reliance on the notional income figure of Rs.6,500 from Syed Sadiq case is applicable to the facts of the present case.
Colour shows how this judgement treated each authority
Syed Sadiq Vs. United India Insurance Co. Ltd.Relied on¶24
Syed Sadiq Vs. United India Insurance Co. Ltd., (2014) 2 SCC 735 · Who else cites this
1 provisions across 1 enactments
A.Settu, S.Sasi, S.Raghunath
Sri Ram Tubewells
National Insurance Co. Ltd.
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.Saravanan
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