Andi v. Shankar
Case brief
What is this about?
This court allowed an appeal against a motor accident compensation order. It upheld the Tribunal's income assessment due to lack of proof but enhanced functional disability compensation by 25% for future prospects, awarded damages for an artificial leg, and increased loss of amenities compensation.
What did the court decide?
Total compensation enhanced to Rs.23,00,000/- with interest at 7.5% p.a.; respondent directed to deposit the amount within four weeks.
What the court decided
C.M.A.No.3381 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
C.M.A.No.3381 of 2019
Andi
S/o.Subbarayan ... Appellant
vs
1.Shankar
S/o.Ponnusamy
(first respondent was set ex parte
in the trial Court)
2.Reliance General Insurance Co. Ltd.,
No.6, Haddows Road,
6 th Floor, Nungambakkam,
Chennai – 600006. ... Respondents
Prayer: Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 27.11.2017 made in MACTOP No.7570 of 2014 on the file of III Small Causes Court, Chennai.
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Issues for consideration
3 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal needs enhancement regarding functional disability and future prospects.
Whether the Tribunal was justified in fixing the monthly income of the appellant in the absence of documentary proof of higher earnings.
Whether additional compensation for the fixing of an artificial leg and loss of amenities is warranted.
Parties & counsel
- appellant
Andi
- respondent
Shankar
- respondent
Reliance General Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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