Raja v. Venkatesan
Case brief
What is this about?
The High Court of MadRAS enhanced compensation awarded to the deceased's family in a motor accident case. The court deleted the Tribunal's loss of consortium award and substituted it with loss of love and affection due to the relatives living separately, increasing the total award.
What did the court decide?
Compensation enhanced from Rs. 70,000/- to Rs. 1,10,000/-, including Rs. 80,000/- for loss of love and affection.
What the court decided
C.M.A.No.3737 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.3737 of 2019
- 1.Raja
2.Gandhimathi
... Appellants
Vs.
- 1.Venkatesan
- 2.The ICICI Lombard General Insurance Co. Ltd., No.142, 1st Floor, ECR Main Road, Pondicherry.
... Respondents
Issues for consideration
3 issues framed by the court
Whether the compensation awarded by the Tribunal was too low.
Whether the appellants are entitled to enhanced compensation for loss of love and affection given they are brothers and sisters living separately.
Whether the Motor Accidents Claims Tribunal judgment should be modified to award enhanced compensation.
Parties & counsel
- appellant
Raja
- appellant
Gandhimathi
- respondent
Venkatesan
- respondent
The ICICI Lombard General Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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