Ponnusamy v. D.Prakash
Case brief
What is this about?
Diminutive court enhanced compensation awarded by Motor Accident Claims Tribunal for a victim of a road accident who suffered a leg amputation, integrating future prospects and disability percentages.
What did the court decide?
Compensation enhanced from Rs. 6,34,150 to Rs. 12,00,000; future prospects, mental agony, artificial limb, and loss of expectation of life heads added; interest 7.5% per annum directed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.04.2021
Coram :
THE HONOURABLE MR. JUSTICE R. SUBBIAH and THE HONOURABLE MRS. JUSTICE S.KANNAMMAL
Civil Miscellaneous Appeal No. 3923 of 2019
Ponnusamy .. Appellant/Petitioner
Versus
1.D.Prakash 2.M/s.Bharati AXA General Insurance Company Limited. 1st floor, Ferna Icon, Survey No.28, Doddanekundi,
Bangalore, 560 037 .. Respondents/Respondents
Civil Miscellaneous Appeal filed under Section 173 of The Motor Vehicles Act, 1988 against the award and Decree dated 15.11.2018 made in M.C.O.P.No.577 of 2016 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Namakkal.
For Appellant : Mr.C.Thangaraju For R1 : No appearance For R2 : Mr.K.Poomalai
JUDGMENT
Issues for consideration
2 issues framed by the court
Whether the Tribunal erred in assessing the income and quantum of compensation for a permanent leg amputee appellant.
Whether the appeal should be allowed to enhance the award for future medical expenses, mental agony, and artificial limb.
Parties & counsel
- appellant
Ponnusamy
- respondent
1.D.Prakash
- respondent
2.M/s.Bharati AXA General Insurance Company Limited
Coram
Case details
As recorded by the court registry
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