Santhiya v. Selvi
Case brief
What is this about?
The High Court allowed the appeal partly, enhancing compensation from 13 lakhs to 22 lakhs. The Court fixed notional income at Rs.10,000/month, applied a 40% future addition, increased loss of dependency, and awarded Rs.12 lakhs for loss of filial consortium to children and mother.
What did the court decide?
Compensation enhanced to Rs.22,06,000 with 7.5% interest; Rs.30,000 for loss of spouse set aside; Rs.1,20,000 awarded for loss of filial consortium to wife and children.
What the court decided
CMA.No.1413 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
C.M.A.No.1413 of 2021
- 1.Santhiya 2. Minor Sujitha
- Minor Kanishkan (Minors appellants represented by their next friend and mother Santhiya/first appellant) 4. Sellammal
... Appellants
- Vs -
- Selvi
- HDFC ERGO General Insurance Company Limited, 356/1, Empire Arcot, Omalur Main Road, Opposite New bus Stand, Salem – 4.
Issues for consideration
3 issues framed by the court
Whether compensation under the Motor Vehicles Act should be enhanced based on the notional income of the deceased when documentary evidence is absent?
Whether the quantum of compensation awarded by the Tribunal for loss of dependency and head injuries is just and reasonable?
Whether separate compensation for loss of filial consortium is permissible for the mother and minor children?
Parties & counsel
- appellant
Santhiya
- appellant
Minor Sujitha
- appellant
Minor Kanishkan
- appellant
Sellammal
- respondent
Selvi
- respondent
Case details
As recorded by the court registry
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